Intelligence - that's what a judge needs
I am not at all surprised let alone shocked by the judgement in favour of a non-Muslim husband who converted to Islam and thus got the right to automatically convert his children to Islam.
This is what happens when non-intellectuals are placed in situations where intelligence is acutely needed for wise decisions to be made. Judges should realise that whatever they do must be seen to be wise and sensible and not appear to be silly and devoid of any common sense.
Look, it is plain and simple that the Syariah court is meant only for Muslims and not for any body else. If a matter affects two people, one a Muslim and the other a non Muslim, then obviously the court cannot ask the non-Muslim to go to a Syariah court for a just decision.
That is not his domain. If a Muslim judge from a civil court cannot make a fair judgment for a non-Muslim petitioner then can we expect a Muslim judge from a Syariah court to give a fair judgment to a non-Muslim petitioner?
The said husband became a Muslim not because he suddenly fell in love with the religion. He did so because he wanted a Muslim woman as his wife. Since the law is such, he is forced to convert. That is such, since he is in Malaysia.
But the judge should have considered the following. That the irresponsible father breached his marriage vows and deserted his family. This same irresponsible father fell for another woman who happened to be a Muslim by religion. That the two little children, oblivious to what is happening, continued to be cared by their loving mother who provides the food, clothing and shelter.
But now, suddenly, these little children are picked up and told they now have a new religion whether they like it or not. The sudden change is devoid of any love or care. Can one really say this won't contribute to the children becoming delinquent later on in life.
The irresponsible father is to be blamed as well as the judge. Our parliament should enact a new law to protect little children from the vagaries of human nature. Sometimes we leave it to humans to act with wisdom but when that is lacking then let the law be precise.
Things like this should not left to a judge's discretion because not all our judges have wisdom and common sense. Some became judges by errors of the system.
Here is a piece of advice to our judges. If you have to deliver a judgment then do so by all means. Please be precise and definite. Do not deliver one that causes more injustice. Never leave any party in the limbo. Never create an additional injustice. Be fair to all parties.
Always consider this - when you deliver a judgment, have a look at the end of both scales. Is the judgment fair and balanced? If it appears tilted, then it is not justice. As a judge, it is of paramount important that you develop the skills of balancing the scales.
If you succeed then you are a good judge. Remember there will be a day when you yourself will be judged.

