Datuk Seri Wan Salim Wan Mohd Noor - A Knowledgeable Mufti With A Heart. Sila Baca Komen Saya.

 

https://www.malaymail.com/news/malaysia/2022/02/20/report-penang-mufti-says-hindu-mum-should-get-custody-but-kids-must-remain/2042734

• KL Feb 20 — Penang Mufti Datuk Seri Wan Salim Wan Mohd Noor said Hindu mother Loh Siew Hong should regain custody of all three of her children 
• but said they must remain Muslims despite being unilaterally converted as minors by her ex-husband.
• Wan Salim added that authorities should allow Loh to meet her children as much as they prefer at venues deemed safe, 
• and that she could take her children back home periodically under the watch of the police.
• “Islam does not prevent family members of different faiths to live under one roof. 
• In fact, they can even share meals together so long as the food is not considered to be haram,” he said.

 

FMT reported him saying that reversing their conversion was “impractical” and might “further complicate the situation”, and that they should remain Muslims for the good of all.
The remark came after Indira Gandhi Action Team’s (Ingat) leader Arun Dorasamy reportedly pushed for the children’s conversion to be cancelled.
“Doing that would only muddy the good ties that the Hindus have with Muslims in the country.

“From an Islamic perspective, one’s faith in Islam cannot be reversed through a court decree, but only if that person voluntarily wants to leave Islam without any pressure from anyone,” he was quoted saying by the news portal.

• Wan Salim also reportedly proposed that Loh’s children be sent to boarding schools, where their welfare and safety can be taken care of.
• “I’m making this proposal, which is best for the children, so that we can solve the mess we are in.
• “This way, no parties are taken advantage of and, at the same time, protect the sensitivities of Muslims who believe that hidden hands are pushing to revoke the children’s conversion to Islam,” Wan Salim said.
  

Loh’s 14-year-old twin daughters and 10-year-old son are currently under the care of the Perlis Welfare Department pending the outcome of her habeas corpus application set to be heard tomorrow, at the High Court in Kuala Lumpur.

Loh’s children were taken away from her in 2019 while she was hospitalised with injuries she claimed were inflicted by her former husband, Nagashwaran Muniandy, who has since converted to Islam and then secretly converted the couple’s children.

• The conversion took place despite the 2018 Federal Court ruling in the case of Hindu mother M. Indira Gandhi that the unilateral conversion of minors was unlawful and unconstitutional.
• landmark court judgment outlawing unilateral conversions
• the three children were unilaterally converted to Islam in July 2020 by their father before he was imprisoned on drug charges
• Loh had obtained interim custody of her children in July 2019 pending her divorce, but her court case was delayed when the country went into Covid-19 lockdown in March 2020. 
• Loh finally obtained full custody of her children in March 2021. She continued searching for them so she could finally take them home.
  

the Perlis Islamic Religious Department had not enquired about the mother’s whereabouts and that the children’s conversion were not registered with the National Registration Department.

My comments:

This is a classic case of different religious interpretation. Tun Dr Mahathir has mentioned this many times - that the religion is subject to the interpretation of the religious people. 

Here we have the Mufti of Penang stating his view of things which are substantially different from the position held by other religious people.

This seems to imply that the religion is subject to State boundaries. If you were in Perlis the religious authorities there said something quite different.

But if you crossed the border into Penang, the Mufti of Penang says something quite different.

So the trials and tribulations facing this obviously loving mother Loh Siew Hong has been substantially decided by geography. Her children were located in the wrong State (for her). If her children had been located in Penang the religious interpretation could have been different.

I have referred this before as 'agama berpaspot'. The interpretation of religion seems to be bound or defined by political jurisdiction - it may be different from one State to another State, from one country to another country etc. 

And there are certainly differences in interpreting the religion according to the sects (aka sectarian interpretation). 

Hence there is no consistency in the interpretation of religion.

And what does this mean? It simply means religion cannot solve worldly problems. There is no consistency.

Versus the Federal Court rulings for example which can and do solve our worldly problems. Why does the Court do a better job of solving worldly problems?

Because the Courts uphold ONE SET  of laws which are clearer, logical, scientific (evidence based) and consistent.

So given the same type of cases (for example unilateral conversion) the Federal Court can arrive at a consistent decision making process. The Federal Court has ruled against unilateral conversion. (The famous Indira Gandhi case and now the MAIS case - see below).

 

So the non-religious Civil Courts (like the Federal Court) can and do solve worldly problems to a higher degree of satisfaction. 

And also to within a more universal level of morality. (Most civilised people will agree that it is simply cruel to separate a loving and caring mother from her own children.)

So the real issue here is between religion and say the Federal Court, who can better solve worldly problems ?

A Civil Court that upholds one set of laws (which are usually based on values that are quite universal around the modern world) or a religious system where interpretations can vary according to geographical location, sectarian differences etc? 

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.