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Thursday 17 April 2014

Demo bantah GST: Polis arah penganjur beri keterangan


Karpal killed in accident, son injured

Veteran opposition MP and lawyer Karpal Singh was killed in an accident near Gopeng in Perak this morning.

His long-time personal assistant Michael Cornandez, 39, was also killed.

Karpal's son Ram Karpal and the driver were also injured in the accident which occurred at 1.30am near 301.6 northbound marker along the the North-South Highway.

Malaysiakini learnt that Karpal and his son, who is also a lawyer, were heading north for a court case later today.

Photos taken at the scene of the accident show the white Toyota Alphard badly damaged.

When contacted, a Ipoh police spokesperson told Malaysiakini that it is believed the MPV collided with a lorry which switched lanes without indication.

Karpal's other son and Puchong MP Gobind Singh Deo told The Star that his father had died on the spot.

"My brother Ram is slightly injured but we are trying to get through to him," he added when the daily contacted him at 3.30am.

Karpal, 74, became paralysed and wheelchair-bound after a car accident in 2005.

The vocal politician graduated from University of Singapore and started his law practice before running for Parliament in 1978.

His long tenure as Jelutong MP and fiery speeches in the Dewan Rakyat earned him the moniker "Tiger of Jelutong".

Karpal had recently relinquished his post as DAP chairperson pending the disposal of his appeal against a sedition charge.

Last month, the High Court found him guilty of uttering seditious words against the Sultan of Perak at the height of the constitutional crisis in 2009.

Meanwhile, Prime Minister Najib Abdul Razak conveyed his condolences via Twitter.

"I have just landed at Ankara when I heard the news that YB Karpal Singh died in a road accident. My condolences to the family," read the premier's tweet.

Other netizens also expressed condolences and shock over Karpal's passing.

"Shocked and sad news! DAP chairman Karpal Singh passed away in accident tonight. Malaysia has lost a truly patriotic son," wrote Taiping MP Nga Kor Ming.
 
"Our dear Mr Karpal is no longer with us... I just can't accept it...," said Kulai MP Teo Nie Ching.

Read More http://www.malaysiakini.com/news/260226
 

Police ‘being proactive’, says organiser over discussion on May Day rally



Ahead of a May Day and GST protest rally, police called the organisers for a “talk” about the programme as the Peaceful Assembly Act requires 10-day prior notice for any gathering.

"Police said they were just being proactive, reminding us that we need to give the relevant notice as per the Act," S. Arutchelvan (pic) said after the meeting at the Dang Wangi police headquarters today.

He said the police also wanted to know the programme for the rally and events organised in conjunction with it.

The police decision to engage the organiser comes after earlier action to charge other rally organisers in the city and elsewhere drew flak from civil society.

Notable among them included the 505 blackout rallies to protest the general election results, which saw several opposition leaders charged for illegal assembly.

Arutchelvam said they had wanted to know where it will be held and what we are going to do during the gathering.

“We told them that the event will start in front of the KLCC with speeches from representatives from civil societies and then we will walk to Dataran Merdeka. We will conclude our gathering there," said Arutchelvam, who is also secretary-general of Parti Sosialis Malaysia.

He said police had also asked them to suggest an alternative venue besides Dataran Merdeka as City Hall was carrying out upgrading work at the square.

"We told the police that Dataran Merdeka is important but nevertheless we will take this to our meeting and discuss it. As for now, Dataran Merdeka is still our end point," said Arutchelvan.

Arutchelvan was accompanied to today’s meeting by a legal adviser and a colleague and spent about one hour with Dang Wangi police chief ACP Zainuddin Ahmad and Kuala Lumpur public order head ACP Wan Abdul Bari Wan Abdul Khalid and other senior police officers to discuss the event.

"The officers said they wanted to know as they want to facilitate the organiser to ensure that all goes well," he said.

Arutchelvan, however, told the police to use their discretion in dealing with them.

"They need to use more discretion in handling the gathering issue. If we go strictly by the law, we can never gather due to many restrictions," Arutchelvan said.

He will be present at Dang Wangi police headquarters at 2.30pm next Monday for yet another round of discussions with the police.

PAS deputy president Mohamad Sabu will also be attending the meeting, along with Tian Chua of PKR.

A coalition of some 90 non-governmental organisations and Pakatan Rakyat parties would mobilise Malaysians for the rally, to send a clear message against the implementation of the Goods and Services Tax (GST).

Committee member Dr Hatta Ramli on April 2, said the next 30 days would be spent working out the logistics for the rally.

Hatta, who is also PAS central working committee member, said the introduction of the tax would only burden the people further, especially those from the lower income group who did not need to pay for income tax.

He also pointed out that the introduction of the GST was the result of the failure of the current government to work on the current tax system especially the high income earners who manage to evade tax.

"It is a short cut way to victimise the defenceless public," he had said in a press conference held by the committee recently.

The rally, which is themed "GST - Protest till it is dropped", is also aimed to draw the participation of students, who will be among the hardest hit by the tax.

Rally coordinator E. Parameswari said May 1 rallies have been held in Malaysia since 1994, but hoped that this will be the biggest yet in terms of turnout.

Among the NGOs who have pledged support are Solidariti Anak Muda Malaysia, Turun, Kuala Lumpur Selangor Chinese Assembly Hall, Oppressed People's Network and Himpunan Hijau.

Other issues to be highlighted include the ongoing demand for a minimum wage of RM1,500, fair and free elections, environmental protection, free education, and the rights of women workers and migrant workers. – April 16, 2014.

Indira can turn to Shariah Court to get justice, ex-hubby’s lawyer tells High Court

Kindergarten teacher M. Indira Gandhi (pic) must go to the Shariah Court to challenge a custody
order given by the religious court to her estranged husband, the High Court was told today.

Lawyer Asmuni Awi, who was appearing for Indira’s ex-husband Muhammad Ridzuan Abdullah (formerly known as K. Patmanathan), said disallowing non-Muslims to defend their rights in the Shariah Court was not consistent with Islamic law.

"It will tarnish the image of Islam in the eyes of non-Muslims," he said when making submissions in a contempt proceeding brought by Indira Gandhi against Ridzuan who had converted to Islam.

He subsequently converted their children – Tevi Darsiny, 16, Karan Dinish, 15, and Prasana Diksa, 5 – and obtained custody from the Shariah Court in September 2009.

Indira obtained her custody order from the High Court in 2010.

However, Ridzuan refused to return their youngest child, Prasana Diksa, to Indira, and has been holding on to the child since April 2009 when she was 11 months old.

Asmuni said Indira could appear in the Shariah Court as the Shariah Court Civil Procedure (Perak) 2004 stated that the religious court was duty bound to prevent injustice and abuse of court process.

He said the Shariah Court was the proper forum to resolve whether it had jurisdiction in granting the order to Ridzuan and this would be known if the validity of the order was challenged by Indira.

"It is not for the High Court to rule or give opinion that Indira is not allowed to appear in the Shariah Court. This is only possible if she appears in the religious court," he said.

He said it was premature and unfair for the High Court to cast aspersions by ruling that a non-Muslim could not appear in the Shariah Court.

"It is not for the courts to legislate to provide a remedy. The role of the court is to interpret the laws and give effect to the purpose as to why a legislation was enacted," he said.

He said contempt must be established beyond reasonable doubt and it must be shown that the act of disobedience was deliberate.

Asmuni said Ridzuan did not show disrespect to the 2010 High Court order because he had acted based on legal advice provided by his counsel.

"After all, the High Court is not superior to the Shariah Court as both are of equal standing under the Federal Constitution," he said.

Asmuni said the custody order of the Shariah Court was issued by a competent authority and the civil court could not interfere as the subject matter came under the jurisdiction of the religious court.

Lawyer Lim Heng Seng, who appeared for the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism said a Federal Court ruling on unilateral conversion had held that a Shariah Court order which was in conflict with a civil court order was ineffective.

Lim, who appeared as amicus curae (friend of the court) on the invitation of High Court judge Lee Swee Seng, said Ridzuan could not run away from his responsibility arising from the civil marriage by converting to Islam.

He said the apex court had also held that a non-converting spouse could not be compelled to go the Shariah Court.

"But the spouse who had converted can come to the civil court," he added.

Counsel Philip T.N. Koh, who appeared with Lim, said although Islam was the religion of the federation, it did not render Malaysia to be non-secular .

On July 25 last year, Lee, in a landmark decision, quashed the certificates of conversion of the three children and ruled that the documents were null and void because they were unconstitutional.

He said under the Perak state enactment, it was a statutory requirement for a child to be present before a certificate of conversion could be issued.

He also cited provisions under the Perak Shariah law, which require the children to be present to utter the affirmation of faith (Kalimah Dua Syahadah).

Indira married the then Patmanathan 20 years ago according to Hindu rites.

Lee will deliver his ruling whether Ridzuan is guilty of contempt of court on May 30. – April 16, 2014.

Six deaths in custody renew demands for IPCMC

 
The suspicious circumstances behind a man's death in prison sounds another clarion call for the establishment of the Independent Police Complaint and Misconduct Commission (IPCMC), human rights NGO Suaram said today.

The police had said N Harirajan, 34, had "died of AIDS" last Thursday, just three months into a six-year jail sentence in Kajang prison for robbery.

He was found dead in a gruesome state and his family said they were unaware that he had AIDS, even as a preliminary post-mortem diagnosed this.

Suaram said Harirajan was the sixth death in custody in the last three months.

"Harirajan faced similar injuries with bruises on chest, head, stitches above his right eye and bleeding from both ears. His eyes were still wide open while in the mortuary.
 
"Suaram demands an explanation over the condition of this young man in the hospital mortuary.

"How does he end up with blood stains on his body if the prison authorities claimed that he died of HIV?" Suaram coordinator R Thevarajan said in a statement.

He added that even though Harirajan died at 6am, his family was only informed in the afternoon.

Suaram said the IPCMC has been pending for nearly a decade and its delay showed that Malaysia lacked political will to control what might be police cruelty, with two custody deaths a month reported in February, March and April so far.

"Unfortunately the list is sure to grow longer by the end of the year. Interrogation methods and Standard Operating Procedure (SOP) in handling criminal suspects and prisoners must be urgently reviewed and reformed," Thevarajan said.

He noted that the Enforcement Agency and Integrity Commission (EAIC) had so far taken no action to arrest the serious and shocking problem.

Zaid bemoans lack of 'sensible Malays'

According to Zaid Ibrahim, a sensible Malay is one who will not do to others what he or she doe not want done to them

And in his latest blog posting, the former de facto law minister wondered if there enough sensible Malays in the country now?

Answering his own question, he said: "I am afraid it's a difficult question and, as a Malay, I feel embarrassed that I am unable to say a definite 'yes'."

Commenting on the case involving S Deepa and her Muslim convert ex-husband Izwan Abdullah, Zaid (left) lamented that Malays today do not seem outraged that a mother cannot have custody of her own son—even with a High Court order—just because she is Hindu.

"Instead, Malays seem to be supportive of the father who became a Muslim and took the son away illegally (from his ex-wife), telling everybody of course that it was to prevent his son from being converted to Hinduism," he added.

Noting that Malays have changed dramatically over the years, Zaid argued that such a situation would have happened in the past.

"A generation ago, the Malay community would not have been silent. It would not have condoned this travesty of justice.

"Malays of the past would have had no difficulty accepting that changing the religion of a child requires the decision of both parents (or guardians). It's just common sense," he added.

However, he claimed that Malays today have "abandoned empathy and fairness".

"What matters to them is that the parent doing the conversion is a Muslim. Malays today do not bother to even consider how they might feel if they were on the receiving end—if, hypothetically, the law should allow a non-Muslim parent to unilaterally convert a Muslim child to Hinduism or Christianity.

"Malays today no longer believe that fairness is about doing to others what they want others to do to them.

"I am still Malay and I hope more Malays will not be cowards like our leaders. They must speak up for justice and the principle of fairness to all," he added.

Zaid reminded the Malays that it is not possible to be a strong community in the absence of basic sense of decency and fairness.

"If we have no capacity to feel for others, how will it be possible for us to do justice to our own kind?" he asked.

'Prophet didn't grant Muslim parent custody'

Prophet Muhammad did not automatically grant custody of a child to a Muslim parent when he was asked to judge on a custody dispute involving a Muslim father and non-Muslim mother.

According to independent Islamic scholar and preacher Wan Ji Wan Hussin, the Prophet actually asked the child which of his parents he would prefer to be with.

"He placed the child between his non-Muslim mother and Muslim father and gave the child a choice. The child chose his non-Muslim mother.

"At that point, the Prophet said ‘Oh Allah, enlighten him’ and when the Prophet finished his prayer, the child went to his father," he wrote on his Facebook page.

When contacted by Malaysiakini, Wan Ji (right) said that the sunnah swayed the Hanafi and Maliki schools of thought to believe that custody should be granted on the basis of love, rather than the parents' faith.

This differed with the Shafie and Hanbali schools, which believe that it should be based on the parents' faith.

Wan Ji, who is a former PAS Ulama wing executive council member, said that he was inclined to adopt the view of the Hanafi and Maliki schools in the latest custody battle between S Deepa and her ex-husband Izwan Abdullah, a Hindu who converted to Islam.

This means custody should be granted to the Hindu mother rather than the Muslim father.

He said this is because the child is under seven, an age where he is considered in Islam to be ‘mumayiz’, that is being able to tell between right and wrong.

"At the age of six, the child is closer to his mother so I am more inclined to side with an argument based on love.

"I don't discount that some children are close to their fathers, but generally speaking, most children are closer to their mothers at a younger age as it is the mothers who nurse them,” he added.

'Islam prioritises love and safety'

Wan Ji said Muslims in Malaysia should look at the matter rationally, and not too emotionally, as even the Prophet did not insist that a child be cared for by a Muslim parent.

"I understand that some who want custody to be with the Muslim parent are concerned that the child may not be raised as a Muslim.
"However, I believe this can be solved as the court can still grant regular access to the father, even if the child is cared for by the mother,” he added.

He also urged all groups who have differing views on the matter to join a roundtable to discuss the matter with those who oppose them, so there is a rational and systematic solution.

"Islam would want love and safety (for the child) and not chaos," he said.

Izwan had snatched their six-year-old son from Deepa after the High Court granted her custody because he feared that she will not raise him as a Muslim. The couple have a nine-year-old daughter, who is with Deepa.

Deepa (left) said that she did not initially have plans to revoke her husband's unilateral conversion of her children to Islam.

However, she said that she is now determined to overturn the conversion after the boy was snatched from her Jelebu home.

"When they turn 18, they (the children) can choose what religion they want to (follow). I have nothing against Islam, because there are Muslims in my family too," she told Malaysiakini.

Deepa's mother, Siti Aishah, is a Muslim convert.

Police will not act on Deepa's report on the snatching, claiming that Izwan was granted custody by the Syariah Court. Deepa is filing a case against Izwan for contempt of court.

Ex-judge: Non-Muslim parents can have custody

The civil court can do justice in child custody disputes between a Muslim and a non-Muslim parent by granting custody to the non-Muslim parent with some conditions, says former Court of Appeal judge Mohd Noor Abdullah.

The conditions include not to let the Muslim children eat non-halal food and not to try to convert them.

“Both the Muslim and non-Muslim parents can share the custody of their Muslim children,” he told a news conference at Wisma Bernama in Kuala Lumpur yesterday.

“A non-Muslim parent who finds that the ex-husband or ex-wife has converted to Islam and also converted their children to Islam without his/her knowledge should bring up the matter or challenge it in the civil court.

“For example, when a father converted to Islam and converted his children too, the wife cannot appear in the syariah court to ask for justice, so she should take the case to the civil court.

“The civil court should call the Muslim and non-Muslim parents, listen to both and make a decision without interfering with the decision of the syariah court.”

Mohd Noor said: “Islam is a universal religion. Therefore, in a multiracial country like Malaysia, Islam must show a good example.

“It is not wrong to give the children to the Muslim father, but at least listen to what the non-Muslim mother has to say.”

He also said that the syariah court should be internationalised to enable the court to also listen to the grouses of the non-Muslim parent.

However, such a move would require amendments to the federal constitution, he added.

- Bernama
 

Ex-judge: Huge Hindu, Buddhist statues against Islamic teachings

(The Rakyat Post) - A retired Court of Appeals judge has expressed his view that the “huge” statues at a Hindu temple in Batu Caves and a Buddhist temple in Penang were against the teachings of Islam as the religion forbids idol worship.

Datuk Mohd Noor Abdullah said such statues of deities should not be out in the open, but should be placed within an enclosed building instead.

“With such a huge statue, you’re showing that your religion is all mighty and powerful,” Mohd Noor told the Malay Mail Online and Bernama in an joint interview yesterday, referring to the 42.7-metre high statue of Lord Murugan, the Hindu deity, at Batu Caves in Selangor.

Pointing to the Federal Constitution which states that Islam is the religion of the nation, the former judge insisted Islam was above other faiths.

“When non-Muslims build such big idols, it hurts people’s feelings,” he said, adding non-Muslims had freedom of worship, but such freedom must be exercised in a way where “Muslims don’t feel threatened”.

The retired judge also criticised the 30.2-metre high statue of Kuan Yin, the Goddess of Mercy, at a Buddhist temple in Air Itam, Penang.

“Islam forbids images (of gods). Here, you allow images of Buddha in the country. That’s not consistent with Islam. But if you cover it up, you can allow it.”

Mohd Noor also called for Malaysians to set aside their racial identity and to think of themselves as Malaysians in order to foster national integration.

“The Constitution does not divide the community into Malays, Chinese, Indians and others.

“In the Federal Constitution, Malaysia is composed of the Orang Asli, natives, and non-native community.”

He noted that the Constitution defines natives as the Malays from the peninsula and the Bumiputeras in Sabah and Sarawak.

“Malays now are inclusive Malays, not exclusive.”

Mohd Noor said that based on the Federal Constitution’s definition of a Malay — one who is defined as a Muslim who speaks the Malay language and conforms to Malay customs — Malaysians who convert to Islam should be considered Malay.

“Why should the Malays be jealous and reject them as Malays?

“People tell me that if Muslim converts are considered Malay, we’re selling off Malay rights to the Chinese and Indians.

“But Islam says that you should share and share alike with Muslims.”

Mohd Noor also called for the abolition of vernacular schools and said that Mandarin and Tamil could be taught at national schools instead.

“We can make English, Malay and Mandarin compulsory in national-type schools,” he said, noting that Mandarin had become an international language.

He added that Putrajaya should allocate more funds to develop the Orang Asli and native communities in Sabah and Sarawak, and also urged the Malays to “work hard like the Chinese”.

Mohd Noor first stirred controversy last year when he reportedly warned the Chinese of a Malay backlash for purportedly betraying the Barisan Nasional at the May 5 general election, which saw the ruling coalition’s worst-ever electoral performance.

“When Philosophy meets Religion”

Azly Rahman

An Invitation to a Virtual Interfaith Dialogue

Humanity cannot live by bread or rice alone – it needs transcultural philosophy as a foundation of morality.

The philosophical dimension of religion can be more powerful than its institutional and ritual. It should be through the philosophy of religion that one can explore the essence of the dialogue between what Hassidic philosopher Martin Buber calls, the “Thou and the I”, the Ultimate Self and the Ultimate Reality, or between Man and Creator. This is what is meant by the transcultural nature of mystical discourse. Those familiar with Buber’s philosophy will agree that the idea of the dialogical “I-Thou” contains a profound statement of Man’s ontological vocation, a transcultural-philosophical view can best be an avenue which can appeal to educational philosophers intending to explore universality in mystical thoughts.

For societies struggling to understand the potentials of an interfaith dialogue, this idea can be a good starting point for a powerful discourse.

“Universalism”

Let me illustrate some of the salient mystical ideas that correspond Buber’s ‘relational philosophy’; namely those from the Christian, Buddhist, Hindu, Taoist, and Islamic traditions. The transcultural dimension of I-Thou relation in the variety of religious experience points out to the Ultimate Reality and the illumination to self of which when this stage of enlightenment is achieved the “goodness” in Man is drawn out, Humanity reaches its moral epitome and the I-it world is imbued with the presence and vision of Thou-ness.

In Christianity, it is the Jesus of Love and the love of Jesus, which runs through the idea of the setting of the precondition of the I’s “meeting” with Thou. Humanity yearns for self-illumination and for the discovery of the inner beauty of self-government. St Francis Assisi’s parable of the seeker of God and poor man of a church (the Master of his own kingdom) illustrates this point:

“The Master asked… :

Whence are you come? From God Where did you find God?’ When I forsook all creatures When have you left God? In pure hearts and in sea of good will. The Master asked: What sort of man are you? I am a king. Where is your kingdom? My soul is my kingdom, so I can so rule my senses inwards and outward, that all the desires and powers of my soul are in subjection, and this kingdom is greater than a kingdom on earth. What has brought you to this perfection? My silence, my high thoughts, and my union with God. For I could rest in anything less than God. Now I have found and in God have eternal rest and peace.” (Underhill, pp 209-210)

In Buddhism, the Self acknowledges the Thou-ness of his/her existence through meditation and the following of the noble path in order for one to attain Nibbana. The I-it world can only reach salvation and prepare the meeting of the Thou through the Noble Eight-fold Path that leads to the cessation of suffering (Radhakrishnan & Moore, 1967) which among them call upon Man to:

“know suffering, the origin of suffering, the cessation of suffering, and the path that leads to the cessation of suffering; … to renounce the world and to do no hurt or harm; … to abstain from lies and slander, from reviling, and from tattle; … to abstain from taking life, from stealing, and from lechery; … (p 277)”

It is when these are taken to be a part of one’s commitment to self-purification that the I-it world may be elevated to a higher level of consciousness. In the Hindu cultural philosophy, the I-Thou meeting can be preconditioned by Man’s submission to the Law of Manu, a code of conduct written as metrical sutras of dealing with the religious, legal, customary, and political aspects of the Hindu philosophy .

The purpose of life as conceived by the Hindus is to arrive at the fullest realisation of his/her existence through dharma (righteousness), artha (wealth), kama (enjoyment) and moksha (spiritual freedom) (Radhakrishnan & Moore, p 172)

Man is to live anthromophically with Nature in a world wherein beings and non-beings have their significant in the cosmic and metaphysical order of creation. It is when the world is looked upon as an “It” – to be dominated – and peoples to be utilised that this order is violated and Mother Earth is raped and the cycle of destruction begins. In the Taoist tradition, the character of Lao Tze, controversial to many a Confucionist of his philosophy of Nature, is an epitome of the “Thou-ness” in thought.

In Lao Tze, Nature is not to be tampered with at all, illustrative in his symbolic metaphor of the uncarved stone of which creativity of Man would carve into representations. If there should be a great grandfather of ecophilosophy, Lao Tze would be one. In one of the most foundational dialogues in the Taoist philosophical thoughts, in which Kung Fu Tze (Confucius) is said to visit Lao Tze to consult him in matters of propriety: Lao Tzu said:

“Those of whom you talked about are dead and their bones are decayed. Only their words have remained. When the time is proper, the superior man rides in a carriage, but when it is not, he covers himself up and staggers away. I have heard that a good merchant stores away his treasures as if his store were empty and that a superior man with eminent virtues appear as if he were stupid. Get rid of your air of pride and many desires, your insinuating manners and lustful wishes. None of these is good for you. That is all I have to tell you. (translation, Chan, 196, p 36)

 READ MORE HERE

Anwar's PC

Opposition leader Anwar Ibrahim has hit back at Prime Minister Najib Abdul Razak for “manipulating” a comment made to Chinese daily Southern Weekly.

At a Finance Ministry meeting yesterday, Najib had attacked Anwar for reportedly saying that he could have solved the Malaysia Airlines Flight MH370 mystery “in one second if he was prime minister”.



PKR de facto leader Anwar Ibrahim reiterated that his fight to win the presidency is not with his wife Dr Wan Azizah Wan Ismail, but with the Registrar of Societies (ROS).



Pakatan Rakyat has been told to be “mindful” that Umno will use PAS’ proposal to implement hudud in Kelantan, in order to get political mileage.

In issuing the reminder, PKR de facto leader Anwar Ibrahim pointed to Umno’s inconsistency on the matter.



Opposition leader Anwar Ibrahim has criticised Prime Minister Najib Abdul Razak for remaining silent on the MH370 crisis and refusing to take questions from the media.

Opposition leader Anwar Ibrahim has criticised Prime Minister Najib Abdul Razak for remaining silent on the MH370 crisis and refusing to take questions from the media.

Anwar also questioned the government’s refusal to release the cargo manifest from MH370.

Child conversion ban even without Cabinet decision, says Bar chief

Malay Mail
by BY BOO SU-LYN


KUALA LUMPUR, April 16 — A 2009 Cabinet “ruling” prohibiting unilateral child conversions has no authority of its own but the decision was valid as the same safeguard exists in the Federal Constitution, Malaysian Bar president Christopher Leong said yesterday.

Leong explained that while such government directives could be ignored, the Cabinet prohibition against one parent converting his offspring to another religion on his own was consistent with the Federal Constitution, meaning the ban was essentially in effect already.

Questions recently arose on the outcome of the 2009 decision, after another interfaith custody battle revealed that the Muslim convert father unilaterally changed the religion of his two children to Islam in 2013 — near four years after the supposed ban.

“There is strictly no need for any other laws as the Federal Constitution is clear,” Leong told The Malay Mail Online yesterday.

“If you read the constitution properly, you don't need any other law. But the problem is, people seem to be confused, so the government thought they'd come up with an amendment to the Law Reform (Marriage and Divorce) Act 1976.

However, these proposed amendments were deferred by the government for further consultation, and then apparently quietly forgotten, Leong said.

“We urge the government to renew its initiative to introduce these amendments,” he added.

Leong stressed that Article 12(4) of the Federal Constitution — which states that the religion of a person under 18 years of age shall be decided by “his parent or guardian” — referred to both genders and both parents.

“Article 160, read with the Eleventh Schedule (of the Federal Constitution), governs the interpretation of the Federal Constitution and states that ‘words importing the masculine gender include females’; and ‘words in the singular include the plural, and words in the plural include the singular’.

This rendered unilateral religious conversions of any minor children in breach of this law unconstitutional, the lawyer said.

Former de facto law minister Datuk Zaid Ibrahim said today that the Cabinet’s 2009 decision on child conversions was consistent with the country’s supreme law.

“The problem is people don't want to follow it. People decide which law they want to follow and the government is weak,” Zaid told The Malay Mail Online.

He said that back in 2009, Putrajaya had proposed amendments to the Law Reform (Marriage and Divorce) Act and the Islamic Family Law to ensure that issues like child support and custody would be determined by the court in which the marriage had been registered in, regardless if one spouse embraces another religion later on.

This worked for all religions, Zaid explained, and not just in cases of unilateral conversions to Islam.

“So theoretically, if one of the Muslim couple became a Hindu, you still have to go back to Shariah law,” said Zaid, who has served as de facto law minister in the Abdullah administration.

He added that another proposed amendment was to ensure that minors cannot be converted into another faith without the permission of both parents.

Last week, Hindu woman S. Deepa won full custody of her two children ― a nine-year-old daughter and a six-year-old son — at the Seremban High Court.

The estranged husband, a Muslim convert born N. Viran who now goes by Izwan Abdullah, had snatched the boy from the mother two days later, insisting he too had full custody as awarded by the Shariah Court, after he converted their children to Islam last year without his wife’s consent or knowledge.

In its April 7 ruling, the Seremban High Court said Deepa and Viran had married in a civil union, which put the dissolution of their marriage outside the jurisdiction of the Shariah courts.

The police have refused to act on Deepa’s abduction complaint against the child’s father, with Inspector-General of Police Tan Sri Khalid Abu Bakar citing the two conflicting court orders as the reason.

The case was another in a series of inter-religious tussles that have arisen from the blurred lines between the civil and Shariah court's jurisdictions that exists in the Malaysian legal system.

Najib's Visit To Turkey Will Further Enhance Bilateral Ties - Malaysia's Ambassador To Turkey

Amran Mohamed Zin.From Mohd Shukri Bin Ishak

ANKARA, April 16 (Bernama) -- Prime Minister Datuk Seri Najib Tun Razak's three-day official visit to Turkey beginning Wednesday will further bilateral relations between Malaysia and Turkey, said Malaysia's Ambassador to Turkey, Amran Mohamed Zin.

He said the mission was aimed at boosting trade and investment between Malaysia and Turkey and strengthen business networking between the private sectors of both countries.

"The visit will seek to broaden and deepen the existing cooperation between Malaysia and Turkey as well as to provide an excellent opportunity for the leaders of both countries to exchange views and achieve closer understanding on issues of mutual interest," he told reporters here today.

The Prime Minister will be accompanied by his wife Datin Sri Rosmah Mansor, Foreign Minister Datuk Seri Anifah Aman, International Trade and Industry Minister Datuk Seri Mustapa Mohamed, Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir and senior government officers.

"The visit will further enhance the close bilateral ties between both countries particularly with the signing of the Malaysia-Turkey Free Trade Agreement," said Amran.

The signing will be witnessed by Najib and his Turkish counterpart, Recep Tayyip Erdogan, who had extended the invitation for the Malaysian leader to visit Turkey.

"Both Prime Ministers will also witness the signing of several other Memoranda of Understanding between institutions of higher learning and private sectors of the two countries.

"Total trade between Malaysia and Turkey last year stood at US$1.1 billion. Malaysia and Turkey are targeted to increase trade volume to US$5 billion in five years time," he said.

Amran said the FTA will not only benefit local companies in both countries but also attract investors to locate their operations here in order to reap the FTA benefits.

Amran said the prime minister was scheduled to arrive at the Esenboga International Airport here at 11pm Wednesday (Malaysian time 4am April 17), from Kuala Lumpur.

Tomorrow (Thursday), Najib is scheduled to call on Turkish President Abdullah GUlan and meet Erdogan for a restricted meeting, followed by a delegation meeting, here.

Najib is also scheduled to deliver a lecture titled 'Malaysia-Turkey Strategic Partnership in a Globalising Asia' at an event organised by the Foundation for Political, Economic and Social Research and International Strategic Research Organisation of Turkey, in collaboration with the Foundation of Research on Transformation of Malaysia.

He is also scheduled to deliver a keynote address at a business roundtable luncheon organised by the Union Chambers and Commodity Exchanges of Turkey and the Foreign Economic Relations Board, in collaboration with the Malaysia External Trade Development Corporation (Matrade).