Malice against the Federal Constitution

The Ipoh High Court decided that a convert Mohd. Ridzuan Abdullah’s initiative to ensure that his minor children’s’ faith are Islam by obtaining certificates from the Perak Religious Department is wrong. Instead Judicial Commissioner Lee Swee Seng decided that both parents must have the right to determine the faith of the children.

The Malaysian Insider report:

Hindu mother wins legal fight to also decide children’s faith after husband converts them to Islam

BY RITA JONG
JULY 25, 2013
LATEST UPDATE: JULY 26, 2013 02:05 AM

The Ipoh High Court today quashed the three certificates obtained by kindergarten teacher M. Indira Gandhi’s husband in converting their three children to Islam, saying although he was entitled to convert his religion, he cannot deprive his children and mother’s rights to religious freedom.

This landmark decision by judicial commissioner Lee Swee Seng ruled that both parents must have the right to decide in the conversion of their children.

He allowed Indira’s judicial application with no order as to cost.

Indira filed for a judicial review application in 2009 to quash the three certificates issued by the Perak Islamic religious department, after her then husband, K. Patmanathan, converted them without her knowledge.

Patmanathan had himself converted to Islam on March 2009 and is now known as Mohd Ridzuan Abdullah.

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This judgment clearly fail to adhere to the precedent set by the Federal Court on the Subashini case almost six years ago.

Thursday December 27, 2007

Federal Court dismisses Subashini’s case

BY M. MAGESWARI

MYT 8:48:09 PMPUTRAJAYA:

The Federal Court ruled that the dispute between secretary R. Subashini, 29, and her Muslim-convert husband T. Saravanan alias Muhammad Shafi Abdullah, 32, over the dissolution of their marriage and child custody will continue to be under the jurisdiction of the civil court.

In the landmark decision on Thursday, Federal Court judge Justice Nik Hashim Nik Ab Rahman said a non-Muslim marriage does not automatically dissolve when one of the parties converts to Islam.

“Thus, by contracting the civil marriage, the husband and wife were bound by the 1976 Act (Law Reform (Marriage and Divorce) in respect to divorce and custody of the children of the marriage, and thus, the civil court continues to have jurisdiction over him, notwithstanding his conversion to Islam,” he said.

In a 2-1 majority judgment, Justice Nik Hashim said by embracing Islam, Saravanan and his eldest son (who also converted) became subject to Muslim personal and religious laws.

“It is not an abuse of process, if he, being a Muslim, seeks remedies in the Syariah High Court as it is his right to do so,” he said.

Justice Nik Hashim, who sat together with Federal Court judges Justices Abdul Aziz Mohamad and Azmel Maamor, said this:

“To my mind, the dissolution order of the civil marriage by the Syariah High Court by virtue of conversion would have no legal effect in the High Court other than as evidence of the fact of the dissolution of the marriage under the Islamic law in accordance with Hukum Syarak.

“Thus, the non-Muslim marriage between the husband and wife remains intact and continues to subsist until the High Court dissolves it pursuant to a petition for divorce by the unconverted spouse under Section 51(1) of the 1976 Act,” he said.

He said there is no impediment for the converted husband to appear in the divorce proceeding in the High Court.

He said the contention that the wife could submit to the jurisdiction of the Syariah Court and have recourse to Section 53 of the 1993 Act are not quite correct as the Act limits its jurisdiction to Muslims only.

“The wife, being a non-Muslim, has no locus in the Syariah court,” he said.

Both judges also agreed that although the Syariah courts are state courts, they are not lower in status than the civil courts.

Justices Nik Hashim and Azmel threw out Subashini’s appeal by a majority saying that the divorce petition filed at High Court by Subashini was premature and invalid as it was filed two months and 18 days short of three months after the husband’s conversion to Islam.

Justice Nik Hashim said it was his view that Subashini was entitled to proceed with her application on custody but it would be most appropriate if she filed her petition for divorce afresh.

On conversion, both judges said either husband or wife has the right to convert a child of the marriage to Islam.

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For a minor, the rightful guardian should be the father. Therefore the father should have the first right of refusal to determine the faith of the children, especially when the father is a Muslim.

As Muslims, the father’s role, right and responsibility over his children are enormous. Since the position of  Islam is the religion of the Federation of Malaysia and provisions enshrined in Federal Constitution as part of the definition of the nation’s identity, therefore it is paramount for any rulings pertaining to the Islamic faith be determined on the order where Islam had been positioned.

Article 3.1 & 3.2 of the Federal Constitution

Article 3.1 & 3.2 of the Federal Constitution

After all, in Islam the determination of the ‘decisive age’ is not at 18 but when the teenager experience puberty.

Many view the decision made by the Ipoh High Court to determine the authenticity of the children’s status as Muslims as per the issuance of certificate by JAIP is defective. The determination of the three children’s conversion into Islam is complete and therefore they are Muslim by faith should be carried by the process and tribunal in the Syariah High Court instead of a Civil High Court.

Just like in the case of Lina Joy.

Matters pertaining to Islam should have been brought to the Syariah High Court, as per the Art 121 (a) Federal Constitution

Matters pertaining to Islam should have been brought to the Syariah High Court, as per the Art 121 (1a) Federal Constitution

It is suspicious that Judicial Commissioner Lee’s judgment failed to take into account or worse still, omitted the spirit in the precedence of the Subashini’s case decision. It could be also seen as intentionally making the judgment in the essence and flavour where of late many minority challenged the right, position and sentiment of the majority. This is prevalent in the case where the position and role of HRH Ruler’s decree on the ultra sensitive issue  of ‘kalimah Allah’.

It is expected that Judicial Commissioner Lee’s will draw a lot of emotions and protests from Malay-Muslim groupings. This is the third insult against Islam and Muslims in this Ramadan, after Apostolic Nuncio Archbishop Joseph Marino’s outrageous statement of supporting Christian Federation Malaysia’s ‘kalimah Allah’ case and sexebitionist duo Alvin Tan and Vivian Lee’s “Bah Kut Teh Selamat Berbuka Puasa” messages.

*Updated 0830hrs Friday 26 July 2013

Published in: on July 25, 2013 at 18:00  Comments (20)  

Proof of the pudding

The Malaysian Insider is trying to manipulate again, based on skewed information many amongst the minority consider as ‘facts’. This time, about the impact of Prime Minister Dato’ Seri Mohd. Najib Tun Razak’s tweets before and during the 13GE.

MALAYSIA

Najib’s GE13 tweets lacked impact, bounced between cybertroopers, research shows

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
JULY 24, 2013
LATEST UPDATE: JULY 24, 2013 08:42 PM

Datuk Seri Najib Razak’s (pic) election tweets and retweets between nomination day and polling day to woo voters failed to produce the desired effect in the May 5 general elections, according to a local researcher.

Dr Surinderpal Kaur, who ran a study on the impact of the Twitter microblogging service before and after the election, said the prime minister’s tweets had a high volume but lacked impact as it bounced only between his followers and likely cybertroopers or paid social media practitioners.

The study was based on about 900,000 tweets on the election. Tweeting became popular for GE13, a change from the 2008 general elections when the social network scene was dominated by bloggers.

“His tweets were mainly circulated among those who followed him. His followers in turn were only tweeting and retweeting to those within their network,” she told a seminar on post 13th general election in Kuala Lumpur today.

The seminar was organised by Universiti Malaya’s Centre for Democracy and Election (UMCEDEL), which had conducted several survey before, during and after Election 2013.

Najib’s ruling Barisan Nasional (BN) won the general elections with 133 federal seats, down seven from the 140 gained in Election 2008 when Tun Abdullah Badawi was the prime minister.

Surinderpal said to have an impact, Najib’s followers should have been linked to those outside their own network. (Retweet is a process of repeating of the original tweet.)

“This did not happen. One of the reasons could be that some of the followers may be cybertroopers,” said the senior lecturer at  UM and a fellow of UMCEDEL.

To put it simply, she said the Twitter exercise reflected limited communication that was confined to Najib and those within his network.

“This is one of the reasons why BN lost the cyberwar against the opposition because tweets must generate chain reaction,” she added.

According to socialbakers.com which measures social network statistics, Najib has 1.67 million followers on Twitter since he began the account four years and 10 months ago. The prime minister has only tweeted some 4,500 times

But his main political foe, opposition leader Datuk Seri Anwar Ibraim, has only 359,007 followers although his account started six years and four months ago. Anwar has tweeted nearly 30,000 times.

Surinderpal said in comparison the network of pro-Pakatan Rakyat (PR) and impartial Malaysians may not have high volume but the impact was present because they were linked to other networks.

She noted that PR’s Black 505 rallies after the election were widely known due to information from Twitter despite lack of coverage about the event in the mainstream media.

She also said Anwar had gained more currency as a household name after the election due to the microblogging service. – July 24, 2013

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The fact that the analysis is not open for public view and TMI only reported about the essence of the analysis, based on the quotation of the Dr Surinderpal Kaur on the paper presented in a seminar held by UMCEDEL. Whether or not Dr Surinderpal study and analysis is accurate, it is open for debate.

The party which Prime Minister Najib lead as the President, obtained 11% more seats in the Parliament and two extra State Governments previously won by the Oppositions in the 13GE on 5 May 2013 as compared to the 12GE on 8 March 2008. Thus the Oppositions were reduced to controlling only three State Governments.

The Malay support for UMNO haas been strengthened further when UMNO’s candidate for N01 Kuala Besut by-election Tengku Zaihan Che Ku Abd Rahman won with an increased majority last night.

PM: Kemenangan di Kuala Besut bukti Umno masih menyerlah

JULY 24, 2013

Perdana Menteri, Datuk Seri Najib Tun Razak (gambar) berkata, kemenangan Barisan Nasional (BN) pada Pilihan Raya Kecil (PRK) kerusi Dewan Undangan Negeri (DUN) Kuala Besut hari ini membuktikan kekuatan Umno masih menyerlah.

Maka, beliau berkata, usaha untuk memperkukuh Umno akan terus diperkasa supaya mampu menambah keyakinan rakyat terhadap Barisan Nasional (BN).

“Alhamdulillah, BN menang di Kuala Besut dan terima kasih kepada semua pengundi di Kuala Besut yang menyokong BN.

“InsyaAllah kita akan tunaikan semua janji pilihan raya kita ,” katanya kepada pemberita selepas majlis berbuka puasa Perdana Menteri dan isteri, Datin Seri Rosmah Mansor bersama sahabat, ketua bahagian, Puteri, Pemuda dan Wanita Umno di Seri Perdana.

Najib berkata demikian ketika mengulas kemenangan calon BN Tengku Zaihan Che Ku Abd Rahman dengan majoriti 2,592 undi ke atas calon PAS, Endot@Azlan Yusof pada PRK Kuala Besut.

Beliau melahirkan keyakinan dengan kredibiliti Tengku Zaihan, 37, untuk terus berkhidmat kepada masyarakat setempat.

“Saya yakin beliau tokoh muda yang berkebolehan. Ini petanda baik sokongan rakyat terhadap BN.

“Pertambahan majoriti kemenangan menunjukkan prestasi yang menggalakkan dan semoga ia dapat memberikan semangat yang lebih kepada semua anggota BN untuk menambah sumbangan dan daya juang,” katanya. – Bernama, 24 Julai, 2013.

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Whether or not the tweets are being retweeted and circulated back and forth between BN cybertroopers as Dr Surinderpal claimed, they must have some degree of escalating effect. The impact should be measured by the increased in support Prime Minister Najib and UMNO got.

It is undeniable that the majority of this nation, the Malays and their party, UMNO, which is the backbone of BN prevailed in the 13GE.

It is defective to state that Anwar Ibrahim’s currency improved by the traffic of micro-blogging. The fact is that the Opposition faired in slightly more Parliamentary seats in the 13GE is due to the ‘Chinese Tsunami’.

Considering the ‘political sabotage’ by the Chinese of the BN’s concept of power-share since the 1955 Federal Consultative Election, UMNO did very well in Johor, Sabah and Pahang and managed to recapture the Kedah and Perak State Governments.

The fact is that 62.09% of BN votes for Parliamentary seats actually went to UMNO candidates.

The majority of  those who attended the failed Oppositions’ held ‘Black 505’ rallies to get the snowball effect for the rakyat to rise for the “Malaysian Spring” and topple the BN controlled Federal Government, are the Chinese. As the leading minority, they would not get the desired effect if the majority are not with them despite whether or not there were so-called ‘substantial increase in micro-blogging and social networking’ messages.

As they say, “The proof of the pudding is in the eating”. ‘Impact’, must be translated in realisable effect of support and power. Not just theoretical.

Published in: on July 25, 2013 at 02:00  Comments (12)