Verdict muddies inter-religious ties

Hindu woman left puzzled on whether civil or Islamic court should handle divorce from now-Muslim husband

 

In a closely-watched case that could have a bearing on future inter-religious disputes in the country, Malaysia's highest court has
rejected, on a technicality, a Hindu woman's plea to stop her husband, who had converted to Islam after their marriage, from divorcing her in an Islamic court. The Federal Court also upheld the husband's right to change their son's religion to Islam.

Ms Subashini Rajasingam, a 29-year-old Hindu, had earlier submitted a petition to the Federal Court, asking it to stop her now-Muslim husband, Mr Saravanan Thangathoray, from converting their younger son. While she also wants the divorce, Ms Subashini says it should be decided in a civil court.

However, in a confusing verbal ruling, the Federal Court yesterday  failed to clarify the status of Malaysia's minorities in marital disputes where the spouse is a Muslim.

The Federal Court said that as a principle, marital disputes involving a converted Muslim spouse and a non-Muslim partner should only be decided in a civil court and not in the Sharia court.

But at the same time, the court said  her husband, Mr Saravanan, has the right to approach the Sharia court to seek redress.

"Civil courts continue to have jurisdiction, notwithstanding his conversion to Islam. A non-Muslim marriage continues to exist until the (civil court) dissolves it," said Mr Nik Hashim Nik Abdul Rahman, the presiding judge of the three-member panel. But he then added that civil courts and Islamic courts have equal status in Malaysia.

Defence lawyers were taken aback by the seemingly contradictory ruling, and said the picture can become clearer only after reading the full, written verdict, which will be released later.

"There is a small measure of comfort in that they say civil courts have jurisdiction and that the husband cannot escape his obligations with his conversion," said Ms Subashini's lawyer, Mr K Shanmuga.

"But on the other hand, they also said that he can go to the Sharia court, and they said the civil court and Sharia courts have equal standing. This has created some confusion. We don't know what impact this will have," Mr Shanmuga said.

Ms Subashini's petition was rejected on grounds that she had filed it within three months of her husband's conversion. Her lawyers said she will refile the petition in the High Court to meet the legal requirement that it be filed three months after the conversion.

Ms Subashini married Mr Saravanan in a Hindu wedding in 2002. The couple have two sons, Dharvin, four, and Sharvind, two.

Last year, Mr Saravanan told his wife that he had converted to Islam. Ms Subashini attempted suicide and was hospitalised. When she returned home, he had left with Dharvin, whom he claims has also converted to Islam.

Mr Saravanan, by then known as Muhammad Shafi Saravanan Abdullah, filed for divorce and custody rights over the children in a Sharia court last May, and the right to convert Sharvind.

This right was upheld yesterday by the Federal Court, which lawyer Mr Shanmuga said is a huge blow to Ms Subashini. "Most worrying is that they are saying that either parent can convert the child. The net effect of the ruling is that it's a loss for her," he said.

Mr Shanmuga urged the government to hasten legal reforms to allow both parents to have an equal say in determining a child's religion.

Muslims, who are 60 per cent of Malaysia's population, are governed by Islamic courts while non-Muslims go to civil courts to settle family, marriage and other personal disputes.

But the law is vague on which court has the authority to deal with disputes between Muslims and non-Muslims, especially within a family. – AGENCIEs