The Star Online: Nation
The Star Online: Nation |
- Muhyiddin: Cabinet to withdraw controversial Bill allowing unilateral conversion of child
- Child conversion: What the Federal Court previously decided
- Clashes break out in Cairo, three reportedly killed
| Muhyiddin: Cabinet to withdraw controversial Bill allowing unilateral conversion of child Posted: PETALING JAYA: The Cabinet has decided to withdraw the Administration of the Religion of Islam (Federal Territories) Bill 2013 until the approval of all stakeholders is received, said Deputy Prime Minister Tan Sri Muhyiddin Yassin. Muhyiddin said the Cabinet made the decision to withdraw the Bill during its meeting Friday following concerns from various quarters including from within Barisan Nasional. All consequential amendments from the Bill would also be withdrawn, he said in a statement. The Bill was tabled for the first reading in Parliament on June 26. Over in BATU PAHAT, MCA Young Professionals Bureau chief Datuk Chua Tee Yong said the Cabinet's decision not to table the Bill shows that the government respects the rights of all races. "We thank the Prime Minister, Deputy Prime Minister and the Cabinet in ensuring that the bill is not tabled. "This shows that the government respect the rights of all races and will not implement new regulations that will harm the unity of the country," he said when contacted. Chua said it was a decision that all parties welcomed. "Going forward, we hope new Bills that may be contentious should involve public engagement to show that the Government is transparent and willing to listen to feedback from all groups before making a decision," he added. Meanwhile, Bernama reported that MIC president Datuk Seri G. Palanivel also welcomed the withdrawal of the Bill. In a statement he said it was a fair move, taking into consideration everyone's sensitivities. |
| Child conversion: What the Federal Court previously decided Posted: PUTRAJAYA: The Federal Court had ruled in a 2007 landmark judgment that any one parent had the right to convert a child. The apex court ruled in the case of secretary R. Subashini that the conversion of the elder son to Islam by the husband, albeit under the Selangor Enactment, did not violate the Federal Constitution. Federal Court judge Justice Nik Hashim Nik Ab Rahman had said the word "parent" in Article 12(4) of the Constitution, which states that the religion of a person under the age of 18 years shall be decided by his parent or guardian, means a single parent. The court had also ruled that the dispute between Subashini and her Muslim-convert husband T. Saravanan over the dissolution of their marriage and child custody would continue to be under the jurisdiction of the civil court. In the 2-1-majority judgment in December 2007, the three judges agreed on this point with the third judge dissenting on all other issues raised. Justice Nik Hashim held that a non-Muslim's marriage would not be automatically dissolved upon one person's conversion to Islam. By contracting the civil marriage, the husband and wife are bound by the 1976 Act (Law Reform [Marriage and Divorce] Act) marriage in respect to divorce and custody of the children of the marriage, and thus, the civil court continues to have jurisdiction over him, he said. In his judgment, Justice Nik Hashim said by embracing Islam, Saravanan and his eldest son were subject to Muslim personal and religious laws and could seek remedies in the Syariah High Court. Justice Nik Hashim, who sat together with Federal Court judges Justices Abdul Aziz Mohamad and Azmel Maamor, said: "To my mind, the dissolution order of the civil marriage by the Syariah High Court by virtue of conversion would have no legal effect in the (civil) High Court other than as evidence of the fact of the dissolution of the marriage under the Islamic law in accordance with Hukum Syarak. "Thus, the non-Muslim marriage between the husband and wife remains intact and continues to subsist until the High Court dissolves it pursuant to apetition for divorce by the unconverted spouse under Section 51(1) of the1976 Act." He said there was no impediment for the converted husband to appear in the divorce proceedings in the civil High Court. The wife, being a non-Muslim, has no locus in the syariah court, he said. Justices Nik Hashim and Azmel, who threw out Subashini's appeal, said the divorce petition filed at the High Court by Subashini was premature and invalid as it was filed two months and 18 days after the husband's conversion to Islam. In September 2006, the Kuala Lumpur High Court dismissed Subashini's application to stop Saravanan from resolving their marital problems in the Syariah Court. Subashini, 35, and Saravanan, 38, have two children - Dharvin Joshua, 10,and Sharvin,8. Justice Abdul Aziz, had given a 112-pages dissenting judgment, among others allowed Subashini's appeal for an injunction to stop the conversion of her second son. Justice Abdul Aziz, however, agreed that a converted party could change the religion of the child unilaterally but the other party's objections must be heard. |
| Clashes break out in Cairo, three reportedly killed Posted: CAIRO: Clashes have broken out at Nasr City, about 5km from Tahrir Square near where Muslim Brotherhood supporters are demonstrating, with three reported killed. At 3.30pm Egyptian time (9.30pm Malaysian time), Muslim Brotherhood supporters were seen being rushed to emergency camps with fresh gunshot wounds. According to locals, the demonstrators were wounded when they got too close to a nearby military installation. Meanwhile, Reuters reported an army spokesman saying that Egyptian troops did not open fire on supporters of ousted President Mohamed Mursi. Security sources said three demonstrators were shot dead by security forces in a protest near where Mursi is being held. The spokesman said soldiers were using only blank rounds and teargas. It was unclear whether security forces other than the army were present. |
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