Day: January 30, 2018

PM: Putrajaya may ban unilateral child conversions

HAKAM_Intern

Source: Malay Mail Online

Najib Razak giving a press conference during UMNO Supreme Council meeting at UMNO Headquarters, Menara Dato’ Onn, Putra World Trade Centre (PWTC) on January 30 2018. Via Malay Mail Online

KUALA LUMPUR, Jan 30 — The government will consider re-introducing a legal amendment to ban unilateral child conversion to Islam, Prime Minister Datuk Seri Najib Razak said today after a landmark court ruling in M. Indira Gandhi’s case.

The prime minister was referring to Section 88A of the Law Reform (Marriage and Divorce) Act that the government had withdrawn before passing amendments to the law last August.

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HAKAM releases Report on Bullying in Malaysian Schools

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PERSATUAN KEBANGSAAN HAK ASASI MALAYSIA

NATIONAL HUMAN RIGHTS SOCIETY MALAYSIA

 

Report on

pdf

 BULLYING IN MALAYSIAN SCHOOLS

 – 30 JANUARY 2018 –

A. INTRODUCTION

Bullying in our schools has reached alarming proportions. The problem needs to be addressed urgently. Its consequences are serious – especially on young children and adolescents. It can scar a life and lead sometimes to even worst end-results – such as depression, mental health problems and even suicides. It is a grave human rights issue.

With this in mind, HAKAM undertook a study of the problem. It dealt with the following issues:

  • The prevalence of bullying in Malaysian schools;
  • The forms of bullying;
  • The responses to bullying by various stakeholders; and
  • The possible best means of tackling this problem.

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Kes Indira: Mahkamah sivil boleh tafsir isu perundangan Islam

HAKAM_Intern

Sumber: Malay Mail Online

KUALA LUMPUR, 30 Jan — Perlembagaan Persekutuan tidak menghalang mahkamah sivil daripada mentafsir atau menilai isu berkaitan undang-undang Islam.

Dalam penghakiman bertulis kes M Indira Gandhi, lima ahli panel mahkamah persekutuan berkata klausa 1A bawah Seksyen 121 Perlembagaan tidak mengurangkan kuasa mahkamah sivil berkaitan perkara dalam bidang kuasa mahkamah syariah.

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Answered: Who has the power in conversion cases — Gurdial Singh Nijar

HAKAM_Intern

Source: The Sun Online

BY GURDIAL SINGH NIJAR
(Deputy President, HAKAM)

ONCE ever so rarely emerges a court decision that will have a reverberating effect far beyond its own facts and parties to the case.

I speak of yesterday’s decision of the Federal Court in the Indira Gandhi case.

Before the Federal Court were two important questions: (1) who has authority to decide on matters of conversion of religion – the syariah courts or the civil courts where an issue arises involving its constitutional or statutory interpretation?

(2) In such conversion cases can one parent (without the consent of the other) have the final say? Read more →

Indira Gandhi’s case shows civil law trumps shariah law

HAKAM_Intern

Source: The Malaysian Insight

THE landmark decision in the M. Indira Gandhi case sets a precedent that civil law prevails over shariah law, lawyers and civil groups said today.

The Federal Court yesterday ruled that the unilateral conversion of Indira’s three children to Islam was null and void, requiring the consent of both parents and the constitutional word “parent” was a case of being lost in translation.

Lawyers for Liberty’s Eric Paulsen said the ruling prevents cases which takes into consideration both civil and shariah law to bypass the common law.

“The judgment is extremely significant, as it conclusively stated that unilateral conversion is no longer valid.

“Therefore, a newly converted spouse can no longer circumvent civil law and go through the shariah system in order to unfairly gain custody of the children,” he told The Malaysian Insight.

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Enough with ‘pondan’ and other media distortions of transgenders — Eric Paulsen

HAKAM_Intern

Source: Free Malaysia Today

BY ERIC PAULSEN

In the latest twist to the ongoing Nur Sajat saga, the well-known cosmetic entrepreneur bemoaned the preoccupation of the Malaysian Islamic Development Department (Jakim) and the public over her gender identity.

“This gender issue… is like the country’s biggest issue,” she wrote in Malay on her Facebook page. She continued: “Should Nur Sajat’s issues really be the topic of conversation in this country? Think about it!”

Despite the public embarrassment, however, Nur Sajat’s story represents an opportunity to start a conversation that has been put off for far too long. Transgender persons in Malaysia are often vilified by means of misrepresentation in the news media.

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‘Indira judgment welcomed, but authorities must follow through’

HAKAM_Intern

Source: Free Malaysia Today

PETALING JAYA: A human rights NGO today hailed a landmark ruling which set aside the unilateral conversion of three children to Islam, expressing hope however that the authorities would follow through.

Lawyers for Liberty executive director Eric Paulsen said the Federal Court’s ruling in M Indira Gandhi’s case was long overdue.

He said he was happy that the matter had been resolved “in the favour of justice”, adding that the ruling shows that Muslims and non-Muslims are equal under the law.

“But failure of authorities to follow through on the decision will impact the confidence in court judgments.

“It could lead to a collapse of the system which could see people taking matters into their own hands,” he told FMT.

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Other cases of unilateral child conversion

HAKAM_Intern

Source: Malay Mail Online

KUALA LUMPUR, Jan 30 ― While M. Indira Gandhi won her case at the Federal Court against the conversion of her three children to Islam without her consent, a few other women were not so fortunate.

The apex court’s decision to nullify the unilateral conversion of Indira’s children ― which was done by her Muslim convert ex-husband who also abducted their youngest child nine years ago at the age of 11 months ― was the opposite of a previous verdict in another case of unilateral child conversion ― R. Subashini’s case.

The Federal Court yesterday ruled that according to the Federal Constitution, the consent of both parents is needed to convert a minor, while another apex court panel in Subashini’s case had interpreted the Constitution to only require the permission of one parent.

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We are Hindu, Indira’s children declare confidently after Muslim conversion quashed

HAKAM_Intern

Source: Malay Mail Online

(From left) Karan Dinish, Tevi Darsiny and their mother M. Indira Gandhi are seen here in a photo taken during Deepavali 2017. ― Picture courtesy of M. Indira Gandhi
via Malay Mail Online

KUALA LUMPUR, Jan 30 ― M. Indira Gandhi’s two elder children can now proudly declare their Hindu identity, after the Federal Court yesterday nullified their conversion to Islam that was done without their Hindu mother’s consent.

Tevi Darsiny, the eldest child now aged 20, said she felt “overwhelmed” when
she heard about the Federal Court ruling voiding her conversion by her Muslim convert father, Muhammad Riduan Abdullah.

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