Mais won’t exhume ex-teacher’s remains pending widow’s appeal

 

The Selangor Islamic Religious Council (Mais) will not enforce the Shariah High Court order handed down on May 21, 2020 although a civil High Court has dismissed the judicial review application two months ago. (File pic)

PETALING JAYA: The Selangor Islamic Religious Council (Mais) will refrain from exhuming the remains of a former secondary school teacher who is believed to have converted to Islam pending his widow and children exhausting their right of appeal.

Mais’ lawyer, Arham Rahimy Hariri, said his client would honour the due legal process by allowing M Rajeswary and her two underage daughters to take their appeal all the way to the Federal Court, if necessary.

“The council will not enforce the Shariah High Court order (handed down on May 21, 2020) although a civil High Court dismissed her judicial review application two months ago,” the lawyer told FMT.

Meanwhile, lawyer A Surendra Ananth, who represents the trio, said his clients had withdrawn an application to stay the High Court order on the faith of the council’s undertaking which was given last month.

Rajeswary and her daughters are asking the Court of Appeal to reverse a High Court ruling which declined their application to determine the religious status of B Raguram who died three years ago.

The appeal has been fixed for case management on Feb 13.

On Nov 10, Justice Shahnaz Sulaiman ruled that the civil court had no jurisdiction to hear and determine whether Raguram died a Muslim.

She said that determination fell exclusively within the domain of the Selangor shariah court.

Shahnaz added that a statutory declaration which Raguram affirmed on March 2, 2015, showed that he had converted to Islam.

Dismissing the judicial review application, the judge said the only issue before her was whether Raguram was still a Muslim when he passed away on March 14, 2020.

The suit, filed in September 2020, had named Mais, the Shariah High Court and the Selangor government as respondents.

They sought a declaration that Raguram professed the Hindu religion when he died and the shariah court had no jurisdiction to determine his religious status.

They also sought an order prohibiting the Shariah High Court from giving the religious council the authority to exhume Raguram’s remains.

The shariah court had on May 21, 2020, ruled that Raguram was a Muslim at the time of his death and allowed consequential orders. - FMT