Saturday, January 07, 2006

Law of the Land: Twisted


I shall let the document below speak for itself.

The full transcript of this document is below. My apologies for those of you who had to do more than acrobatic squinting to read the above document. Many thanks to wonderful Deb for pointing out a flaw! :D

MAJLIS PERLJND!NGAN MALAYSIA AGAMA BUDDHA, KRESTIAN, HINDU DAN SIKH
Malaysian Consultative Council of
Buddhism, Christianity, Hinduism and Sikhism

Secretariat: No 8, Jalan Duku Off Jalan Kasipillay, 51200 Kuala Lumpur. Tel: 03 —4041 4669 FAX :603 40447304 E-mail:hsangampo.jaring.my

Press Statement
The MCCBCHS is very disappointed at the failure of Madam Kaliammai to get relief from the Kuala Lumpur High Court in Originating Summons No. R1-24-102-2005 in the case of
Kaliammal Sinnasamy v MajIis Agama Islam Wilayah Persekutuan & 2 Ors. The High Court refused to grant an application by the Hindu wife of the late Corporal M Moorthy, a hero of the Mount Everest climb several years ago, that her late husband was a Hindu at the time of his death.

The High Court’s main reason for this decision was because the Kuala Lumpur Syariah, Court, on the application of the Islamic Affairs Council of Kuala Lumpur, had decided that Moorthy had validly converted to Islam. This ruling by the Syariah Court was made in the absence of Kaliammah, without notice to her and in a court applying Islamic law in which she cannot be a party and does not have a proper right to be heard as a witness.

The MCCBCHS is deeply concerned that lawyers representing the Federal Government did not make any argument supporting the Hindu wife despite the fact that she had absolutely no knowledge about the alleged conversion of her husband until he went into a coma. In fact, Senior Federal Counsel for the Federal Government conceded that the wife had no legal remedy in any court.

We call on the government to urgently cure this grave defect in our legal system by making the necessary amendments to the Federal Constitution and all other legislation so that jurisdiction to determine the validity of conversions into and out of Islam are vested in the High Court where all Malaysians can be parties and have equal rights as witnesses.

Corporal Moorthy’s status as a Muslim was challenged on the basis that he did not profess Islam at the time of his death.

The MCCBCHS is of the view that it is wrong for the Syariah Courts to have assumed jurisdiction over persons who do not profess Islam, and where its orders directly affect the rights of family members of a person, all of whom do not profess Islam.

The civil High Court should be able to grant relief after considering the interests of all the parties affected.
Dated this
28th day of December 2005.

Secretary General



2 comments:

Dr. Deborah Serani said...

My old eyes can't read it well, even when I mazximize it. Sheesh.
I can make out many words but so many more I cannot.

Sorry I can't make a more perceptive (pun intended) comment.

~Deb

Jacky said...

Me thinks me is tempted to do handwritting intepretation now,LOL!

- Jacky ~_~ -