Rubber tapper P Marimuthu, who is seeking the release of his Muslim wife and children from the Islamic religious authorities, won custody of his seven children today.

The Selangor Islamic Religious Department (Jais) this morning agreed to grant the custody of the children to Marimuthu to be raised as Hindus. They are expected to be handed over to Marimuthu by tomorrow.

However, his Muslim wife Raimah Bibi Noordin would not be allowed to live with her Hindu husband. She will however be granted access to her children.

The agreement between Marimuthu and Raimah was made at the Shah Alam High Court. Jais was represented by Selangor state legal advisor Zauyah Loh Han.

Earlier Marimuthu, 44 ( left ), withdrew his application in court for the release of his wife and six children who were taken away by Islamic religious officials last month. Another child was with an uncle at that time.

His lawyer Karpal Singh informed justice Su Geok Yiam that the habeas corpus application had been overtaken by events as a settlement has been reached following an affidavit by Raimah that she remained a Muslim.

In her affidavit, Raimah agreed that the children be returned to the father and their home in Selangor's Kampung Baru Tambahan Ulu Yam to be brought up as Hindus.

Raimah broke into tears when the judge asked her to confirm the decision to give up the custody.

"Yes, I agree," said the sobbing mother.

She spoke to Marimuthu for a few minutes after the hearing, which was party conducted in Tamil. Both were seen crying and were emotionally distraughted.

Marimuthu had in his affidavit said that he and his wife Raimah are Hindus, and their children have been brought up as Hindus.

Hindu marriage

The family's problem started when seven Jais officers visited their house in Kampung Baru Tambahan Ulu Yam on April 2.

The officials then told Marimuthu that his wife of 21 years, Raimah Bibi, was a Muslim and that she and their children - aged between four and 12 - must be placed in a rehabilitation centre.

The husband then sought the help of DAP and filed the habeas corpus application to release his wife and children.

Marimuthu had previously said that an ustaz (religious scholar) had told him to covert to Islam or threatened to charge him for khalwat (close proximity) with Raimah, 40.

Raimah ( right ), who returned to help him with rubber tapping two days later, told him that Jais had placed the family in the nearby Kampung Melayu Liga Emas in Selangor's Batang Kali.

Marimuthu also does not know if his wife was a practising Muslim before they got married. Since then however, he said, the two of them have been practising Hindus.

"We got married in a temple, according to Hindu rituals. All our kids were brought up as Hindus," he said.

He said Raimah, who was adopted by an Indian Muslim family, cannot remember her adopted mother and her late adopted father had approved of their relationship.

His wife's MyKad had stated her name as 'Raimah Bibi binti Noordin' and her religion as Islam. The couple did not apply to the National Registration Department to have this corrected either.

New precedent

Karpal said that the case 'sets a new precedent' with Jais agreeing to hand over the custody of the children from a Muslim mother to a non-Muslim father.

"We are resorting to King's Solomon justice. It is a good compromise," he said in the court.

Karpal ( photo, seated ) also said that the agreement does not affect the marriage status of the couple.

"The status of marriage remains... (whether the marriage is unlawful or not) is not relevant to the arrangement."

When contacted later, Karpal told malaysiakini that the couple got married according to traditional custom without legal registration, hence the wife was considered as 'common law wife'.

In an immediate reaction, Opposition Leader Lim Kit Siang said the solution was not a "very happy arrangement as it leaves many issues open-ended which may cause problems in the future".

"It is sad and tragic that a happy couple and united family with seven children as a result of 21 years of marriage should be broken up by religious factors when family unity and love should be the paramount concern of all religions," he added.