Kudos to judge Zabariah for standing her ground
YOURSAY ‘Conversion of non-Muslim kids to Islam should be heard in civil court.’
Hindu mum wins custody of converted children
Kim Quek: High Court justice Zabariah Mohd Yusof has set a good example for other Muslim judges in civil courts to follow, namely, they must not shy away from hearing cases touching on Islam or cases which a syariah court has already passed its judgment.
In fact, as exemplified by Zabariah, they must even unhesitatingly ruled against a syariah court judgment when the constitution and law so demand.
All too often in the past, whenever there is litigation between a Muslim and a non-Muslim where issue of Islam is involved, a Muslim judge would inevitably pass the case to the Syariah Court for hearing, disregarding the fact that the dispute falls squarely within the jurisdiction and competence of the civil court.
Such practice, which has given rise to much inter-religious and inter-racial animosity, is of course contrary to the federal constitution which dictates that the civil court takes precedence over a syariah court whenever there is an overlap or conflict between the two jurisdictions.
It is hoped that the Zabariah judgment would set a new trend that would check Muslim judges unduly abdicating their jurisdiction to the Syariah Court, thus restoring some confidence to the judiciary and mitigating the current trend of religious and racial polarisation.
Swipenter: Viran @ Izwan Abdullah, just for once take personal responsibility for your drinking habits and also for your actions.
If you convert to Islam because that can help you kick your drinking, good for you. However you have no right to convert your small children to your new found religion.
To me, you are still looking to evade personal responsibility for your actions; to go back to drinking ‘arak’ or not is all up to you, not someone else's decision.
UN.Observer: Viran said: "If this is how it will be, do they want me to go back and drink ‘arak haram’ (liquor)?" he shouted. Does he take Islam for granted?
Awakened: The judge has made the correct decision. I remembered the constitution stated clearly that any conversion of the children's religion requires the consent of parents.
There was a translation error in the Bahasa version where parents was translated wrongly as “ibu atau bapa”. The word "parents" should have been translated as “ibubapa” not “ibu atau bapa”.
Viran, the father cannot unilaterally convert his children to Islam without getting the consent of his ex-wife (S Deepa, photo above ).
Viran should also understand that he himself can still continue be a Muslim and this court decision apply only to his children.
As a Muslim, he cannot goes back to his old habit of drinking ‘arak haram’. He also should not associate drinking of ‘arak haram’ to Hinduism.
The children will grow up one day and let them decide for themselves what religion they want to embrace when they are adult.
Abasir: Viran should go get a stiff drink. That may help him get back to his senses.
Gen2: The Prophet said do not force convert children. Viran claims he is a Muslim but he goes against the Prophet's call.
A lot of fake converts are looking for economic gains. You can tell the fakes when they try to be more Muslim than the originals and in the process go against the teachings of Islam.
Starwars: I realise one thing, mostly the converts are the ones who give Islam a bad name and drag Islam into controversy.
Actually the dispute is purely between a husband and a wife but religion was dragged in and the husband it made out as though the fight is between Islam and the Hindu religion.
If you have a problem with your ex-wife, please don’t hide behind your religion and speak evil about others or their religion. Be a man and settle your problem amicably with your ex-wife without dragging others and their religion into it.
I am wary and skeptical of all these people who convert to Islam in the midst of a divorce proceeding. They don’t really convert to Islam for a good reason and they always have a motive for converting themselves and their children.
The courts have seen this happening far too often and at the end of the day it is Islam that gets a bad name because of people like Viran. Dear friends, let’s not hurl hurting words against Islam just because of one moron like Viran.
Mohan53: I hope the Islamic NGOs and authorities such as Jakim (Department of Islamic Development) and Jais (Selangor Islamic Religious Department) will understand that forcing Islam on non-Muslims will do more harm the the religion.
The non-Muslim public and even many fair-minded Muslims will find it demeaning to be associated with such forced conversions. What kind of law when it can justify the taking away of two children from their natural mother?
Whatever the truth, it is most disgusting and revolting that mothers are fighting for their children.
Tok Karut: Excellent decision by the Seremban High Court. Conversion of minor children to Islam or any other faith should be heard in the civil court. Well done judge. I hope the decision will not be overturned.
Myop101: I think this is a wonderful decision. None of the children should be converted at this juncture but they should be exposed to teachings and practices of both religions.
Then when they are 18, they are free to decide which religion they want to adopt as their own.
Progressive: Indeed, a landmark decision. A rational and fair decision. If anyone wishes to convert - fine, it is their right. But do not force others to do the same, especially the kids.
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