The country's largest coalition of groups representing non-Muslims is "deeply disappointed" with the Court of Appeal's decision to disallow an appeal by the widow of Everest climber M Moorthy who is disputing his conversion to Islam.

The Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) described the decision of the Court of Appeal today as "wholly unjust".

The court upheld the High Court's 2007 ruling that civil courts could not declare Moorthy as a Hindu because the Syariah Court had declared him a Muslim.

The case was brought by Moorthy's widow S Kaliammal after a tussle with the Islamic authorities over Moorthy's body.

"Numerous cases since (2007) have come and gone, causing pain and anguish to many non-Muslim families throughout Malaysia.

'Bodies snatched from grieving families'

"Bodies have been snatched from grieving families by the Islamic authorities, and children torn apart from their mother or father by another parent through... Syariah Court orders," MCCBCHST said in a statement this evening.

The council said the Court of Appeal's comment that non-Muslims could seek remedy from the Syariah Court was unsatisfactory as it would infringe on the right to freedom of religion as enshrined under articles 3 and 11 of the Federal Constitution.

"The founders of our nation never intended Islam to enjoy supremacy over all other religions. Forcing non-Muslims to go to a court applying the theological law of Islam is wholly unjust," the statement said.

Lawyer explains ‘error'

Similarly, the Malaysian Gurdwaras Council also criticised the appellate court decision as "unjust, unfair and in error".

Its vice-president and legal panel member Jagir Singh pointed out that the Federal Court had already ruled in 2007, in the case of R Subashini, that non-Muslims cannot seek recourse in the Syariah Court as it only has jurisdiction over Muslims.

"The Court of Appeal's decision is in error because it did not consider the fact that Moorthy's widow has no recourse in the Syariah Court.

"The decision is further unjust and in error because they are treating as proven that Moorthy was a Muslim. The widow's application was for the court to decide that very fact," Jagir said, adding that until about 10 years ago, the civil courts had always heard such cases.

The MCCBCHST also said that Parliament had failed to address this issue as no laws have been amended to prevent similar cases from recurring.

"It appears that the courts, the civil service and both sides of the political divide have grossly failed the non-Muslim community on this issue," it added.