Women's Aid Organisation (WAO) director Ivy Josiah today clarified that she was not questioning the legal process in the custody case involving Hindu husband P Marimuthu and his Muslim wife Raimah Bibi.

She was responding to Marimuthu's lawyer Karpal Singh who asked Josiah to apologise for suggesting that Raimah reached a settlement with her husband while under 'duress'.

Raimah, 40, had relinquished custody of her seven children to rubber tapper Marimuthu, 44 in a civil court on May 2.

She and six of her children were detained by Selangor religious officials a month earlier and put in a religious rehabilitation camp for allegedly straying from Islam.

"The word duress was used in the non-legal sense as it was clear that Raimah was under tremendous pressure from all the personal, religious and legal issues she was facing," said Josiah.

"In fact, I applaud the efforts to try to act in the best interests of the children within the significant social and legal constraints that exist in the current system," she added.

'No choice'

Josiah explained that the purpose of her earlier statement was to highlight the broader context of how religious issues were breaking up stable marriages and families.

"Although Raimah has technically chosen to remain a Muslim and give up custody of her children, it appears that in reality she had no choice.

"Had she insisted she is Hindu, she and her children may have to remain in the hands of the Islamic authorities, in rehabilitation centres or in welfare homes," she said.

"As a Muslim, she is not allowed to live with her husband unless her husband converts or she is able to renounce the faith, which is an extremely difficult process.

"In this way, Raimah's hands were tied; she had no true choice, which is the concern I expressed about the settlement," she added.

Josiah said the matter revealed the complex inter-religious relations in both the social and legal contexts and solutions need to be found.

Karpal rapped

Marimuthu and Raimah had their marriage solemnised based on Hindu rites in 1976 while the former claimed that he had no prior knowledge that his wife was a practising Muslim.

He claimed that he had raised his seven children as Hindus with his wife.

In related development, All Women's Action Society (Awam) executive director Honey Tan took Karpal, who is also DAP national chairperson, to task over his criticism against Josiah.

"Like Ivy (Josiah), many wondered about the choice Raimah made. We asked whether Raimah had equal access to legal advice and representation, like her husband did, prior to her decision," she said in a statement today.

Tan claimed that Karpal's criticism had also challenged Josiah's freedom of expression.

"In issuing his statement in the manner and tone as reported, Karpal seems to curb the very freedom of speech he has been known to stand for in the past," she said.