Court fight stirs up anxiety over non-Muslim rights

The Straits Times, April 3, 2007
By Carolyn Hong, Malaysia Bureau Chief


Some groups decry civil court's refusal to take on Hindu mother's case

KUALA LUMPUR - A HINDU woman's legal bid to prevent her estranged husband from converting their one-year-old son to Islam has brought the emotive issue of religion to the fore yet again.

After the civil court ruled that Mrs R. Subashini can seek redress only from the Syariah Court, several groups, including the Gerakan party, have urged the government to protect the rights of non-Muslims.

Gerakan is the fourth biggest member of the ruling Barisan Nasional coalition, with 10 seats in Parliament.

Its Federal Territory (FT) convention passed a resolution on Sunday calling for the establishment of a constitutional court to handle 'grey issues' involving non-Muslims.

'Many non-Muslims feel that their rights are gradually being eroded,' the party's FT chairman, Mr Tan Kee Kwong, was quoted as saying by the New Straits Times.

'There is a problem, and it exists, yet there are some in the administration who pretend that it does not.'

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism yesterday announced plans to hold special prayers for the restoration of religious freedom.

Its president, Mr Chee Peck Kiat, said statements of concern would be read to congregations in temples and churches nationwide before the prayers.

'As the Federal Constitution is the supreme law of the country, a person of one religion should not be made subject to laws of and governance by another religion,' he said.

The Court of Appeal has refused to hear Mrs Subashini's case. Her husband, Mr T. Saravanan, became a Muslim last year. He has already converted their elder son Dharvin Joshua, three, without her knowledge.

Mrs Subashini, who stands to lose custody of her children as a Hindu, now wants to stop the possible conversion of the younger boy, Sharvin.

Her lawyer K. Shanmuga told The Straits Times that Mrs Subashini has sought permission to appeal to the Federal Court and is also challenging the conversion of her elder son.

The Women's Aid Organisation said it was alarmed that civil courts can oblige non-Muslims to seek legal redress from the Syariah Court.

Three years ago, another Hindu woman faced a similar predicament. After an outcry, the civil court awarded her custody of her young children on condition that she brought them up as Muslims.

The conversion of minors is among the grey issues cropping up in rapid succession, with non-Muslims affected by Islamic laws.

Civil courts have consistently refused to hear such matters. They want the Syariah Court to decide, but non-Muslims do not want to go to the religious court and do not believe they can win their cases there.

This reluctance to hear inter-religious disputes has triggered several controversies.

In December 2005, the widow of former soldier M. Moorthy battled with the Islamic authorities after they claimed his body for burial. She insisted that Mr Moorthy, who had converted to Islam without his family's knowledge, was a Hindu.

Also, several Malaysians who are Muslims by birth have asked the civil court to let them renounce their religion. Among them is Ms Lina Joy, a Malay who is attempting to convert to Christianity. She is waiting for a decision from the country's highest civil court.

Prime Minister Abdullah Badawi promised to resolve the clash of jurisdiction over a year ago, but there has been no progress.

The Straits Times understands there are plans to amend the law on marriage and divorce to protect the rights of non-Muslim spouses and children. But there is unlikely to be any change in the position of people who want to leave Islam.