YOURSAY | 'What is there to set aside, when the custody order itself is illegal'.

'Syariah courts don't have jurisdiction over civil marriages'

RR: This should have been the decision from the outset and the pain and suffering of the wives, mothers and converted children of all such cases would have been avoided.

The conversion of children under 18 years should be done only with the consent of both parents.

The husband or wife must give formal notice of intention to the other spouse if he or she wants to convert to Islam or to any other religion, in order to maintain family harmony.

Bullshit Walks & Money Talks: It took a bloody long time to decide this, after families have been split.

Abasir: “When one party is a non-Muslim, the syariah court does not have jurisdiction over the case, even if the matter falls within their jurisdiction," said the judge.

So what action do you propose should be taken against the inspector-general of police (IGP) for contemptuously ignoring the order of a civil court in this matter? What do you have to say? Nothing… because the IGP was protecting 'ketuanan Islam'?

Aries46: What is the use of lofty judgment if the judges and authorities are themselves fearful of enforcing it fairly? If, as Justice Md Raus Sharif proclaims, the syariah court has no jurisdiction over matters arising from civil law marriages, why did the appellate court tell M Indira Gandhi to resolve her children's unilateral conversion in the syariah court ?

And, in S Deepa's case, why did the syariah court grant custody of both children to the errant father, and why did the IGP refuse to enforce the civil court order, citing conflicting orders? How did the authorities allow the absconding father to convert himself and his minor children, born of civil law union, without the mother's consent?

And why did Justice Md Raus himself grant custody to the criminal father who kidnapped the son from Deepa?

And can Justice Md Raus tell us what is Deepa to do with her Muslim daughter in her Hindu household? The mess suffered by Indira and Deepa was created by the failure of the civil court to uphold justice, and Justice Md Raus did little to resolve their sad plight.

Roy69: Oh yeah, so what? The minor children converted without the non-Muslim parent's permission are still Muslim. What justice is that, Federal Court?

Vmsians: The panel hearing the case should not have comprised judges entirely from one religion, particularly in a case of this nature. There are very few judges in the country who can decide objectively on such matters.

Baiyuensheng: Regardless of the decision, if Muslim judges cannot uphold the country's highest secular laws due to a conflict of interest because of being Muslims, then it is obvious that they cannot preside in the civil court and sit as the judges in a secular court.

They should confine themselves to the syariah court and leave it to other capable non-Muslim judges to safeguard the country's secular system. Too often have we seen substandard judges.

Anonymous_40f4: The Federal Court under the federal government is all spin. If the judges are sincere, then they should revoke the conversion of Deepa's children to Islam by the Syariah Department and reunite the boy, who was kidnapped by the converted father, with Deepa.

These judges talk, talk, talk but their actions are totally the opposite.

P.Dev Anand Pillai: Good, then do Indira Gandhi some justice.

'Deepa's bid to recover child shouldn't have been entertained'

Ahmet Al Tarabulshit: Court of Appeal president Md Raus Sharif said while the court acknowledges the Syariah High Court has no jurisdiction in this case to make the custody order, the syariah order (for custody to remain with the husband) remained a valid order until it is set aside.

What is this worm trying to twist and turn? If the syariah court has no jurisdiction, then how come the order is a valid order until it is set aside?

The whole valid order becomes null and void since the syariah court has no jurisdiction in the first place.

Hopeful123: Oh my God. Whatever has happened to our judiciary? The Court of Appeal president Md Raus Sharif said while the court acknowledges the Syariah High Court has no jurisdiction in this case to make the custody order, the syariah order (for custody to remain with the husband) remained a valid order until it is set aside.

What rubbish is this? It is a contradicting statement coming out from the same judge's mouth.

What is there to set aside, when the order itself is illegal? Oh my God. Please help us, Malaysians.

RKR: If the Syariah High Court has no jurisdiction in this case to make the custody order, how then can the order made by this court remain valid, and why is there a need to set it aside first (before issuing a recovery order)?

In the first place the Syariah High Court's order is not only illegal, but is in contempt of the High Court's order. Can the learned judge shed some light on this?

Ordinary Citizen: So, did the syariah court have jurisdiction or not? If not, then why is it that the syariah court order needed to be set aside?

Southpaw: This guy is confused. If the syariah court has no jurisdiction, then why should its order be obeyed?

Ipoh PP: They are twisting and turning every which way to justify their verdict. They say the syariah court has no jurisdiction, then say the syariah court order is valid.

Make up your mind on which side of the fence you want to be. Civil court or syariah? All cases involving religion should not have judges of the religion in question sitting to decide.

Whatsup: From a layman's perspective, the religious court should never have presided on the case until after the civil case had been cleared, and the police made the situation worse. Obviously, these judges are not on par in competence to have allowed such a farce. A disgrace.

Sax5lek: Malaysia likes to create many Catch 22 situations or 'grey' areas - for what purpose?

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