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Federal Court does not have courage to decide on Non Muslim cases

HINDRAF applauds the decision by the N.S.  Ruler and Chief Minister to include equitable safeguards in the   Administration of the Religion of Islam (Negri Sembilan) Enactment 2003 to prevent legal tussles between the convertee and the non- Muslim spouse.  This is a bold step by the Ruler of Negeri Sembilan as head of the Islam religion in his state. Hindraf calls on other Malay Rulers to follow the steps taken by the Negeri Sembilan Ruler who acted in the interest of all his subjects and to protect the Muslim religion from negative perception that it is an uncaring religion when it comes to family dispute involving non-Muslim spouses.

The Prime Minister had deliberated the same issue at a cabinet meeting in 2009 and issued guidelines,  however it had no legal effect in a court of law. Hindraf calls upon the Government to table an amendment to the Constitution to clear the ambiguity in the Federal Constitution with regards to Article 121 (1) (A) and Article 12. The Malaysian public is disappointed with the attitude of the Federal Court Judges who are unwilling to give a logical interpretation to the meaning of “parent” in Article 12 of the constitution which has resulted in the converting Muslim partners taking advantage of the Syariah provisions to grab their children and forcefully convert them without the consent of the other party to the marriage which was a civil marriage. 

Hindraf urges the Federal Court Judges to take cognizance of the unhappiness, ridicule and no confidence of a large section of the Malaysian population in their unwillingness to give a wider and coherent interpretation to crucial provisions of fundamental rights as enshrined in the Constitution.

Since the Malaysian judiciary is not bold enough to give wider and accurate interpretation to fundamental provisions which affects the lives of Non-Muslims in Malaysia, Hindraf calls on the Government to table the necessary amendments in Parliament  to clear the ambiguity in the law and serve all segments of its population . Clear and unambiguous  laws  would allow the judiciary to execute their duties without fear of infringing Muslim laws and continue their duties unhindered without fear or favour to uphold the Non-Muslim  constitutional rights to equality as entrenched in our constitution.

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