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December 27, 2007

Malaysia: Hindu woman fails in bid to stop estranged husband from converting their youngest son to Islam

Islamic Tolerance Alert from modern, moderate Malaysia. "Malaysian Hindu loses bid to ban Muslim conversion," by Jalil Hamid for Reuters (thanks to the Constantinopolitan Irredentist):

PUTRAJAYA, Malaysia (Reuters) - Malaysia's highest court threw out on Thursday a bid by a Hindu woman to stop her estranged husband from converting their youngest son to Islam.

Her case is another sign of strain in the social fabric of the multi-racial nation, where many non-Muslims believe their rights are being trampled by the Muslim majority.

R. Subashini took legal action after her husband converted himself and their elder son, now four, to Islam in 2006. She says she now fears the husband wants to take their two-year-old, who still lives with her, and convert him to Islam as well.

The Federal Court rejected her request for an injunction on technical grounds, leaving her free to try again, but one judge noted the court's jurisdiction was limited, given the husband was now a Muslim and therefore governed by Islamic or sharia law.

"The civil and sharia courts cannot interfere with each other's jurisdiction," said Nik Hashim Nik Abdul Rahman, one of two judges who dismissed the case. One judge dissented.

Family law has become an emotional battleground between Malaysia's religious communities, with non-Muslims complaining civil courts are too willing to surrender jurisdiction to their Islamic counterparts in cases involving a Muslim conversion.

Marriages between Muslims and non-Muslims are forbidden in Malaysia, so once a non-Muslim spouse converts to Islam, the union is broken, lawyers say. While it can still exist under civil law, in reality the Islamic court does not recognise it.

A lawyer for R. Subashini said that although his client's case failed on a technicality, the judges' comments made it clear they recognised the husband's right, as a newly converted Muslim, to have recourse to the Islamic courts....

Posted by Robert at December 27, 2007 6:55 AM
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...two legal systems in one country will never work....you are asking for bigtime trouble...

....outlaw Shari'a law in your country now....

....and ban Muslim Immigration....

Posted by: exsgtbrown [TypeKey Profile Page] at December 27, 2007 7:07 AM

Reuters: "Her case is another sign of strain in the social fabric of the multi-racial nation, where many non-Muslims believe their rights are being trampled by the Muslim majority."

Dear Reuters. Please permit me to edit this sentence for you, for clarity:

"Her case clearly illustrates the on-going relentless attack on the social fabric
of the Maylasian nation by doctrinal Islamic racial supremacism, wherein the rights of all non-Muslims are being systematically trampled by the Muslim majority."


Posted by: Stendec [TypeKey Profile Page] at December 27, 2007 7:35 AM

The zombies got another one.

Posted by: interestinconundrum [TypeKey Profile Page] at December 27, 2007 12:27 PM

And of course in Multi Culti Malaysia (40% NON MOHAMMEDANS) the Shariah Court TRUMPS the Civil Court every time for ALL religious matters no matter WHAT the religion.

Posted by: Realist [TypeKey Profile Page] at December 27, 2007 2:18 PM

And of course in Multi Culti Malaysia (40% NON MOHAMMEDANS) the Shariah Court TRUMPS the Civil Court every time for ALL religious matters no matter WHAT the religion.

Posted by: Realist [TypeKey Profile Page] at December 27, 2007 2:19 PM

...rule number 1...sign a pre nup.....and specify your rights just in case the spouse decides to convert to Islam...

...Rule number 1A....do not marry Muslims...

Posted by: exsgtbrown [TypeKey Profile Page] at December 27, 2007 3:04 PM

from Malaysiakini

--

"In a 2-1 decision, the federal court said that Subashini’s divorce petition was prematurely filed under the Law Reform (Marriage and Divorce) Act 1976 (LRA).
According to the act, the wife can only file for divorce three months after the date of her husband T Saravanan’s conversion to Islam, as stipulated under Islamic law.

However, Subashini’s divorce petition was filed nine days before the three months expiration date. The divorce petition is deemed null and void."

--

Theres an act prohibiting the wife from filing divorce within a time?

WELL, looks like its a plan for newly converts to convert nearly all their family members, small ones especially & forcing the wife in a Take it or Leave it Situation.

There must be a law prohibiting newly converts not to have any custody of the children for the pain and nightmare caused.

exsgtbrown, totally agree with you.

Posted by: tjwork [TypeKey Profile Page] at December 27, 2007 3:47 PM

The only thing surprising here is that the court didn't order the wife to simply convert to Islam - period.

Any news on the unrelated Revathy Masoosai story?

Posted by: Infidel Pride [TypeKey Profile Page] at December 28, 2007 2:07 AM

Also, what's HINDRAF up to right now?

Posted by: Infidel Pride [TypeKey Profile Page] at December 28, 2007 2:07 AM

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