`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!





Tuesday, December 29, 2015

Court to rule if Muslim convert can change children’s religion unilaterally

M. Indira Gandhi seen here at the Federal Court in April seeking the court to order the inspector-general of police to retrieve her daughter from her ex-husband. The fate of her three children's conversion to Islam by their father will be decided on Wednesday. – The Malaysian Insider pic, December 29, 2015.M. Indira Gandhi seen here at the Federal Court in April seeking the court to order the inspector-general of police to retrieve her daughter from her ex-husband. The fate of her three children's conversion to Islam by their father will be decided on Wednesday. – The Malaysian Insider pic, December 29, 2015.
Seven months after hearing submissions, the Court of Appeal will rule tomorrow whether the conversion certificates of three minors who were made Muslims unilaterally by one parent can be challenged in a civil court.
Lawyer Aston Paiva, who appeared for kindergarten teacher M. Indira Gandhi, the mother of the children, said the court of appeal registry informed the parties last week of the verdict date.
"The decision by a three-man bench will be delivered at 9am on December 30," stated the letter signed by court deputy registrar Sharifah Norazlita Syed Salim Aidid.
The conversion certificates of the children – Tevi Darsiny, Karan Dinish and Prasana Diksa – were quashed by High Court judge Lee Swee Seng on July 25, 2013.
Lee had also ruled that the documents were null and void, citing provisions under Perak shariah law that require a child must be present to utter the affirmation of faith or the “syahadah” before a certificate of conversion could be issued.
Riduan, however, had obtained certificates without the presence of the children before the registrar of conversions.
On May 26, senior federal counsel Shamsul Bolhassan told the appellate court that Riduan could unilaterally convert the children and the civil court had no jurisdiction to hear the case.
"Only the shariah court is the right forum as the subject matter is about conversion."
He said the civil court could not adjudicate the matter even if the registrar who facilitated the conversion did not follow procedures.
He added that it was legal for the father to unilaterally convert the children because the Federal Court had pronounced that a parent could do so without the consent of his or her spouse.
Perak legal adviser Rohana Abdul Malek, who adopted Shamsul's submission, added that the registrar did not violate the law and procedures under the Perak Religious Enactment in carrying out his function.
However, another of Indira's lawyers, Fahri Azzat, said the conversion certificates could be challenged in a civil court because the documents were issued by a public authority, which was the state religious department.
He said since Indira was an affected party following the conversion of the children to Islam by Riduan, she could file for a judicial review because the matter of the certificates was an administrative issue against a public authority.
In 2009, the Shariah Court in Ipoh granted Riduan, formerly known as K. Patmanathan, custody of his three children after he unilaterally converted them to Islam.
In 2010, High Court judge Datuk Wan Afrah Wan Ibrahim ordered custody of the three children to be given to Indira. However, Riduan refused to return the youngest child, Prasana Diksa (now known as Ummu Habibah). to Indira. He has been holding on to Prasana Diksa since April 2009 when she was 11-months old.
Riduan was later found guilty of contempt by the Ipoh High Court and was ordered to hand over his then infant daughter to his ex-wife or face imprisonment.
The Federal Court had in April this year allowed Indira to challenge a Court of Appeal ruling last December that allowed the Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar to set aside a High Court order to arrest her former husband and locate her daughter.
Last December, Indira failed to compel the IGP to arrest her former husband for running away with Prasana Diksa, despite the High Court order granting her custody.
- TMI

1 comment:

  1. KALAU ANDA MAU TAU INFO TOGEL, KENALKAN NAMA SAYA PAK WARHADIK, KAMI TINGGAL DIKALTIM PEKERJAAN JUAL NASI GORENG, SELAMA KAMI KENAL YANG NAMANYA NYI REKSO SARASWATI NASIB KAMI TIDAK SEPERTI YANG DULUH… KAMI SANGAT BERTERIMA KASIH KEPADA NYI REKSO SARASWATI BERKAT ANGKA YANG DI BERIKANN SAMA BELIAU.DAN ALHAMDULILLAH TEMBUS.DAN KAMI MINTAH ANGKA,4D…


    ANGKA NAIK YAITU,DI.
    6D.SPORTS,TOTO 5D 6D
    SIAPA TAU ANDA SEMUA MAU RASAIN SILAHKAN GABUNG SAMA KAMI,

    DAN KAMI BERSUKUR HASIL PASANG TOGEL TGL,07,07,2014…
    ….
    SEMUA HUTANG HUTANG DLM KELUARGA KAMI KINI DPT TERLUNASI ,KAMI PUN BISA MEMBUKA USAHA KEMBALI,WALAUPUN ITU DGN CARA PASANG TOGEL, ITU MERUPAKAN RESKI BAGI KAMI SE- KELUARGA ,JADI YG SERING KALAH DLM PERMAINAN TOGEL HUBUNGI NYI REKSO SARASWATI /SMS KE NMR INI,082322216958—KESUSAHAN ANDA DALAM MAIN
    TOGEL DI,JAMIN [5] KALI PUTARAN… NYI REKSO SARASWATI Terima kasih yang amat dalam kami ucapkan kepada NYI REKSO SARASWATI yang telah memberikan kebahagian bagi keluarga kami…berkat Beliau kami sekarang udah hidup tenang..sudah tidak di kejar-kejar hutang…Kami di berikan Angka Ritual Ghoib Dari NYI REKSO SARASWATI yang sangat sangat Jitu 100%…hingga kami sekarang merasa tenang lagi…terima kasih NYI…Jika Anda ada yang merasa kesulitan masalah Nomer Toto apaka 2D.3D.4D.5D.6D.itu semua terserah anda, silahkan HBG ATAU SMS Aja NYI REKSO SARASWATI
    …di nmr HP [082322216958]pasti anda akan merasakan apa yg selama ini kami rasakan…Salam Bahagia dan Sukses..!!

    DENGAN ANGKA GOIB ,ATAU ANGKA RITUAL// ANGKA MAHLUK HALUS….
    KLIK DISINI
    angka;GHOIB: singapur
    angka;GHOIB: hongkong
    angka;GHOIB; malaysia
    angka;GHOIB; toto magnum 4d
    angka"GHOIB; laos…
    angka"GHOIB; macau
    angka"GHOIB; sidney
    angka"GHOIB: vietnam

    ReplyDelete

Note: Only a member of this blog may post a comment.