Wednesday, April 30, 2008

Ka Ting: Non-Muslims are not to be subjected to any form of Syariah law - The Sun

KUALA LUMPUR (April 30, 3008): By Husna Yusop

Datuk Seri Ong Ka Ting (BN-Kulai) suggested in the Dewan Rakyat (Parliament) today several measures to deal with the various messages sent out by the voters in the recent general election.
On the religious rights of non-Muslims, he said the last three years witnessed an unprecedented number of religious matters involving the constitutional rights of non-Muslims with controversial cases like the late M. Moorthy and Gan Eng Gor, Lina Joy, detention of Revathi and the custody battle for the children of S. Shamala and R. Subashini.

“In situations involving non-Muslims who became a Muslim due to marriage, they should be allowed to renounce Islam when the marriage has ended.

“Similarly, if a child who was unilaterally converted to Islam by one parent without the consent of the other parent, the child should be allowed to maintain his or her own religion.

“This is until he or she attains the age of majority by which he or she is free to enter into a religion of his of her choice,” the MCA president said in his speech when debating the Royal Address.

He also brought up incidences whereby statements were made that the proposed legal amendments will affect and protect both Muslims and non-Muslims alike.

Urging the government to be transparent to avoid a repeat of the cases above, Ong said non-Muslims are not to be subjected to any form of Syariah law.

“And, for any disputes or overlapping areas between the jurisdiction of the civil and Syariah courts, civil laws must prevail,” he added.

Ong said in the case where one parent embraces Islam, the religion of a minor must be decided by both parents.

“Should a dispute on the child’s faith arise, the religion must remain as status quo until the child reaches the age of majority that is 18 years upon which the child decides.

“In the event the convert dies, the property comprised in the estate of the deceased prior to the date of conversion should be subject to the civil laws of inheritance and succession for the time in force,” he added.

On gender issues, Ong said the government must make a full commitment to adhere to Article 8 of the Federal Constitution which assures equality before the law.

“Malaysian citizenship must be granted to children of all Malaysian mothers, irrespective of her marital status or place of residence. Denying her children the rights is both unjust and unconstitutional.”

On the establishment of a judicial commission, Ong expressed hope for it to devise a stringent vetting process of candidates to avert any accusation that only the connected are being considered for appointment of judges.

He also said the commission should be allowed to recommend candidates to be appointed as magistrates and sessions court judges.

Currently, they are appointed by the Judicial and Legal Services Commission which is an executive body of the Attorney-General.

“There is concern that if this mechanism is still being used and not substituted by the new independent judicial commission, the magistrates and judges will be accused of not being independent if they should rule against the government even though their decisions are correct in the eyes of law,” he added.

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