Muslim civil society to challenge Federal Court decision on unilateral conversion

Noel Achariam Noel Achariam Updated 8 years ago · Published on 7 Feb 2018 7:30PM · 7 Comments

Movement to Defend Ummah chief secretariat Aminuddin Yahaya wants the Council of Rulers to take an interest in the Federal Court's decision to nullify the unilateral conversion of three children to Islam. – The Malaysian Insight pic by Seth Akmal, February 7, 2018.

A COALITION of Muslims will seek to overturn a landmark Federal Court decision outlawing unilateral conversion of children.

Movement to Defend Ummah decided to file for a judicial review after a roundtable discussion between Malaysia Shariah Lawyers Association president Musa Awang, former chief justice Ahmad Fairuz, Ummah chairman Ismail Mina Ahmad, and Pahang mufti Abd Rahman Osman in Kuala Lumpur today.

Movement to Defend Ummah chief secretariat Aminuddin Yahaya said the Federal Court decision to nullify the conversion of three children by one parent to Islam needed to be reviewed as it was not in line with the constitution which stated that Islam was the main religion of the country.

Movement to Defend Ummah is a coalition of 200 Muslim civil society groups which was set up last year.

Aminuddin said the Federal Court decision had given exclusive power to the civil court to interfere in issues pertaining to the shariah courts. 

“It looks like the shariah court in the long run will become subservient to the civil court,” he said after a closed-door meeting attended by some 200 people at the KL International Hotel.

Last week, the Federal Court ruled that the unilateral conversion of M. Indira Gandhi’s three children to Islam by her ex-husband was null and void.

The couple’s two older children, aged 19 and 20, are with Indira, while but the whereabouts of their 9-year-old child and Indira’s former husband, Muhammad Riduan Abdullah, who had fled with the child after a bitter custody battle, are unknown.

Aminuddin said the coalition wanted the word “parent” defined as the Federal Court had ruled that the conversion of the children must have the consent of both parents. 

He said the decision made the judiciary appear to be above the legislative and that the courts had the power to discourage amendments to the constitution pertaining to shariah.

“That’s the impact of this decision. So we want the shariah court to be given more power,” Aminuddin said.

Aminuddin hoped that the Council of Rulers would also look into the issue that was of public interest.

“We hope that they can issue a statement to ease the segregation of Islam.” 

On the issue of Riduan taking away the couple’s youngest child, Aminuddin said they did not condone what he did as it was un-Islamic. 

“The child is still with the father so the decision lies with the shariah court now if she is Muslim or not.  

“But in this case the civil court has already decided that Indira’s three children are not Muslim.

“Let the Islamic council decide if they are Muslim or non-Muslim.”

Inspector-General of Police Mohamad Fuzi Harun has advised the public to avoid speculation and conjecture as police continue to look for the missing father and child.

The IGP warned that religion was a sensitive matter and idle talk could jeopardise public order and national security.  – February 7, 2018.

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Comments

  • Confirmed. I always doubted if it was wrongly interpreted. It's not, as sure as the sun rises in the east, these guys are proof that there is no natural justice, or compassion in this belief. Even animals have a fair sense.

    Posted 8 years ago by Alphonz Jayaraman · Reply

  • When Muslim intellectuals who do not want a hardline Islam explain that it's possible for Islam to accept the verdict, it's clear proof that secular court IS superior to Syariah. Syariah system would not leave such decision in limbo.

    Posted 8 years ago by Bigjoe Lam · Reply

  • Aactually , i also didn't believe the court verdict a couple of days before thaipusam is going to be the last time we are going to hear about this case. Honestly speaking, this sort of problems can only be solved by mking sure it doesnt arise. Once it arises, i actually think karma must take its course, and not even the courts or the government or the kings can bring the matter to rest, before karma runs its course.

    Also, The timing of the verdict and the party it favoured, being the malaysian i am , also raised my suspicion. In this coming general election, the indian vote, negligible at other times is going to play a significant role.

    Also, people identify very strongly with their religions - meaning religion is one of the identities that a person will bet all or nothing for, and when large groups of individuals bet all or nothing, it shakes the foundation of society. If emergency is declared, and emergencies tend to be declared when the foundations of society trembles, constitutionally, elections can be postponed indefinitely. Something to think about right

    Posted 8 years ago by Nehru Sathiamoorthy · Reply

  • Well said Nehru Sathiamoorthy. Dr.Steve Maraboli was right about this "movement to defend ummah" He said," You can speak with spiritual eloquence, pray in public, and maintain a holy appearance............ but it is your behaviour that will reveal your true character.

    Posted 8 years ago by Nathanji Devan · Reply

  • The Federal Court despite being made up of a majority of Muslims, made a decision based on justice and fairness and in line with the constitution. Those who oppose the decision are clearly disregarding the constitution and it is my hope that the rulers will act fairly and support the decision made by the Federal Court. The rising extremism and radical islamic thought should be nipped in its bud.

    Posted 8 years ago by Praba Koran · Reply

  • Chief Justice Mr. Ahmad SHOULD BE IN A BETTER POSITION TO EXPLAIN THE FEDERAL COURT JUDGEMENT TO ITS MEMBER. is he telling the five judges made a great MISTAKE?

    Posted 8 years ago by Mohanarajan murugeson · Reply

  • The Federal Court decision must be respected as it is currently the highest court of the Land! Surprised even the former Chief Justice does not respect the Federal Court. This just proves that some of those who held the position were not fit to be Chief Justice!

    Posted 8 years ago by Mohan Balan · Reply