Saturday, November 13, 2010

Watch out forced conversions about ~ in Malaysia Truly Arabia.

Malaysian Hindu M. Indira Gandhi invoked in a similar case

Malaysian news account which leaves out Islamic law's discriminatory details.

Shamala and Dr Muhammad, [aka Dr Jeyaganesh C. Mogarajah] were married under civil law in 1998. In November 2002, he became a Muslim and converted their two young sons (then aged four and two) without Shamala's knowledge or consent.

In July 2004, the High Court granted Shamala "actual custody" of the children but ordered her to share "legal custody" with her husband. Pending appeal, she left the country.

Lawyer Azmi Rais representing the Federal Territory Islamic Religious Council said the decision had recognised the constitutional rights of the parties. [Bernama]

More like what is really going on here.

The High Court in 2004 handed Shamala custody of the children on condition she raised them as Muslims, an order Mogarajah appealed in civil courts and the religious Sharia courts which operate in a parallel system in Malaysia.

Under Sharia law, a non-Muslim parent cannot share custody of converted children. Non-Muslims also complain that they do not get a fair hearing when such cases end up in the religious courts.

Now in Australia ~ where laws protect religious freedoms:

Mathew said Shamala was in fear of returning as a Sharia court order had handed Mogarajah custody of the children and issued a warrant for her arrest.

Secret conversions of children, which can deprive the non-Muslim parent of custody, and "body-snatching" cases [*nasty*] where Islamic authorities tussle with families over the remains of people whose religion is disputed, have raised racial tensions.

Hoggish to increase Islam's numbers by any means!!

The government last year said legislation would be amended so that children's conversion required the consent of both parents, but the reform has been stalled pending consultations with the Malay royal rulers.

KUALA LUMPUR, Nov 12, 2010 (AFP) – Malaysia's top court Friday sidestepped a ruling on whether children can be converted to Islam by one parent, a lawyer said, in a case closely watched by the nation's non-Muslim minorities.

The Federal Court was asked to hear the case of Hindu woman S. Shamala who fled to Australia in 2004 with her two young sons after her husband Muhammad Ridzwan Mogarajah converted to Islam and secretly converted the children.

The High Court in 2004 handed Shamala custody of the children on condition she raised them as Muslims, an order Mogarajah appealed in civil courts and the religious Sharia courts which operate in a parallel system in Malaysia.


"The court took the position that unless Shamala and the children were within its jurisdiction, the entire hearing would be pointless and so dismissed the case," Shamala's counsel David Mathew told AFP.

"It missed a golden opportunity to rule on the burning issue of whether a child can be converted unilaterally by one parent," he added.

"This is disappointing as there are several similar cases in the country, which were looking for the Federal Court's guidance on this issue."

Mathew said Shamala was in fear of returning as a Sharia court order had handed Mogarajah custody of the children and issued a warrant for her arrest.

Under Sharia law, a non-Muslim parent cannot share custody of converted children. Non-Muslims also complain that they do not get a fair hearing when such cases end up in the religious courts.

The case has been watched by Malaysia's ethnic Chinese and Indian minorities who say their rights are being eroded by rising "Islamisation" in a country where 60 percent of the population is Muslim Malay.

Secret conversions of children, which can deprive the non-Muslim parent of custody, and "body-snatching" cases where Islamic authorities tussle with families over the remains of people whose religion is disputed, have raised racial tensions.

The government last year said legislation would be amended so that children's conversion required the consent of both parents, but the reform has been stalled pending consultations with the Malay royal rulers.

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