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MALAYSIA: pengadilan sipil vs syariah (kasus Moorthy)

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MALAYSIA: pengadilan sipil vs syariah (kasus Moorthy)

Postby ali5196 » Fri Feb 10, 2006 5:08 am

http://www.malaysia-today.net/Blog-e/20 ... relief.htm

Thursday, December 29, 2005
Muslim lawyers heave sighs of relief

Straits Times

Many Muslim lawyers and leaders were relieved when the High Court ruled yesterday that it had no jurisdiction over religious matters, leaving such issues to the Syariah Court to decide.

They said it kept closed the possibility that the civil courts could be used as a shield by Muslims who abandon their faith - a sensitive issue in predominantly Islamic Malaysia.

They expressed concern that cult leaders such as Ayah Pin - who renounced Islam and formed his own 'Sky Kingdom commune' - would resort to use the civil courts to overturn rulings by the Syariah Court.

'If the Syariah Court can be challenged, people like him can run to the civil courts and get another ruling that benefits them. This will affect the credibility of the Islamic court,' said Mr Mahfuz Omar, an opposition leader with Parti Islam SeMalaysia (PAS).

Even before the High Court ruling yesterday, eight Muslim organisations had issued a joint statement to say there should not be any encroachment on the jurisdiction of the Syariah Court.

In Malaysia, Muslims who renounce their faith, for whatever reason, have to appear before the Syariah Court to argue their case, even if they do not accept its jurisdiction.

Such renunciations are a touchy issue here because the Constitution identifies all Malays as Muslims.[/b/

High Court Judge Raus Sharif, in making his decision in the Moorthy Maniam case yesterday, said: 'Surely the court with the jurisdiction and competency to decide on any matters arising, like veracity on the conversion to Islam, is the Syariah Court and not the civil court.

'This is in line with Article 121 (1A) of the Federal Constitution which states that the civil court has no jurisdiction regarding matters over which the Syariah Court has been vested jurisdiction by the written law.'

Mr Muhamad Burok, president of the Malaysian Association of Syariah Lawyers, however, said this did not mean there was no room for non-Muslims to seek redress.

He said non-Muslims had the right to appear before the Syariah Court to argue their case. But he noted that this had never been invoked by any non-Muslim in the past 20 years.

'People seem to have the mindset that the Syariah Court is only for Muslims. This is not correct,' he told The Straits Times yesterday.

But non-Muslims avoid the Syariah Court because they fear decisions would go against them, and they would be forced to abide by them, according to a non-Muslim lawyer.

In an emergency meeting held after the court ruling, the influential Malaysian Consultative Council for Buddhism, Christianity, Hinduism and Sikhism called for [b]constitutional amendments that would allow the High Court to decide in cases of religious conversions.

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posted 8:11 AM
26 Comments:
KABUTBILAM said...

Let the dead speaks.........

"....Di atas Nisan tolong tuliskan, inilah dia korban keagamaan...."
Thursday, December 29, 2005 8:53:31 AM
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Mat Tonggeng said...

Bikin malu sajalah ... Booooooo!
Thursday, December 29, 2005 9:11:06 AM
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Friend from Texas said...

Does "Muslim lawyer" merely mean "country bumpkin who got schooled in a Pakistani madrasah"? Or does it mean "ulama"?

There are actual law schools for this nonsense they are imposing on non-Muslims?
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Thursday, December 29, 2005 9:40:38 AM
Real_Vanniyan said...

What is there to be happy about? Why not the muslim lawyers question the Government, why Shariah Court only deal with trival matters such conversation, gambling, fighting for dead bodies, catching poor girls in pubs, khalwat, drinking alcohol and now recently stealing properties from divorcees to give to the husband to marry another few.

They should ask the Government to hand over all the other crime created by majority muslims like rape, incest, corruption and theft. Are they afraid that 70% of the muslims will be impeded and without hands.

I think we non muslims should vote for PAS and encourage them to implement Hudud Law for the muslims and present Civil laws for NON Muslim. That will show whether the muslim prefer Shyarie laws or British Civil Laws. HAHAHAHAHAHAH !!!
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Thursday, December 29, 2005 10:28:10 AM
supsoi said...

Well said Vanniyan. Reward comes with resposibilities. Let the Muslim in UMNO enjoy themselves and face the hudud law and the non-muslim with much lesser benefits face the civil one. Clear as dawn,Vote for PAS and many of our high flying ministers will have missing hands. When the leader is God fearing then the people and nation is safe. UMNO hadhari is FAKE.
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Thursday, December 29, 2005 10:48:50 AM
MatKilat said...

Should the High Court get to overturn the rulings of the Syariah court?

I think the answer is YES. And NO. There can really be no absolute in law - each case needs to be looked at on a case-by-case basis. Hence, the High Court SHOULD have the authority to overturn the Syariah Court rulings - however it should use its power sparingly and only in situations where it is absolutely necessary.

Otherwise it is terribly unfair for non-muslims, even UNCONSTITUTIONAL because they have no remedy. Sort it out Badawi.
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Thursday, December 29, 2005 2:53:20 PM
hutchrun said...

Badawi can`t even sort himself out after all these years with UMNO. He`s too far gone case, like UMNO.
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Thursday, December 29, 2005 4:20:23 PM
razramus said...

"Mr Muhamad Burok, president of the Malaysian Association of Syariah Lawyers, however, said this did not mean there was no room for non-Muslims to seek redress.

He said non-Muslims had the right to appear before the Syariah Court to argue their case".

I think this is basic law. This is where the lawyers for the widow blundered. Knowing full well the implication of Article 121 (1A) of the Federal Constitution and previous decided Federal Crt cases on this issue, they should have asked for a further or alternative declaration that the Syariah Court had arrived at their decision in the absence of vital facts or informations; and that they be given the right to arque before them that Moorthy was never a Muslim or alternatively that eventhough he had converted to muslim, he had since renounced Islam. Had that being pleaded, then it would have given the Judge some leeway.

They go to the High Court and asked for a declaration that the widow was his lawful wife at the time of death. They got it. They asked for a declaration that he was never a muslim. This they should know is within the province of the Syariah court. If they had asked further, I am sure the Hight Court would have granted their prayer that the Syariah Court ruling was arrived at in the absence of other vital informations and that they be given the right to argue their case further and that the Syariah court is bound to consider their arguments or evidences before reaching finality of their decision. Such decision would not go against Art.121(1A).

Let's hope that in future both parties be given ample right and opportunity to present their case before the Syariah court before a decision on an issue whether one dies as a muslim or not is made.

I think in this case, the Syariah Court was clearly in error for deciding on the issue based on evidences presented by one party. That error could have been cured by the High court, had the appropriate prayer be made.

The issue here is this; did the deceased die as a muslim or as a Hindu. Documentary evidences from his employer shows that he had converted to Islam; an issue within the province of the Syariah Court. The widow disputed those facts. Then the forum to decide is the Syariah Court and both parties should be there to argue their case.

Simple legal issues should be left at that without adding heated racial and religious emotions or overtones to it. It pains others reading it.
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Thursday, December 29, 2005 5:34:22 PM
bashaa said...

I like the part about a Syariah lawyer being from a Pakistani Madrasah.

You maybe right. Can somebody please explain how do you become a Syariah lawyer?

The Minister of Youth and Sports is a Syariah Lawyer. Yet it is rumored that HRC was her favourite hang out place and that drinking alcohol was her favourite passtime. I also heard a rumour that HRC kept photo's of her and her friends (the clan) having a good time (by the way - why does she like girls?.... is this true?)

hhhmmm... this is our country. run by idiots for the idiots. once the people open their eyes, we might have change.

Rogol murid sekolah also can become Ahli Majlis Tertinggi UMNO. This is the stupidity of our country.
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Thursday, December 29, 2005 8:48:11 PM
casper-c said...

Just saw reporting over BBC ..... our monkeys continue to make waves for an international audience. There were excerpts on KJ business foray as well as recently deceased Moorthy.

The case of Moorthy is one that effects all M'sian, it has set a precedent whereby our civil laws have no recourse over judgement handed down by Syariah Court. Moorthy's fate and the rights of his family has been trampled on to lay the foundation for the Syariah Court to impose its will. Imagine Jakim now claims Yeoh Tiong Lay and Uncle Lim are Muslims !!!!

This is just about the last straw. Time to make plan and secure better prospect elsewhere. I'm certain many who think of migration will now hasten that very thought. The monkeys in power are stripping this nation bare with their antics while the rest of us stare in earnest.

To all, at the dawn of a new year, I wish you well for there's n nhing to be happy about while the goons of UMNO continue their roughshod ways.
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Thursday, December 29, 2005 9:38:48 PM
AAx said...

Asking a muslim judge to rule in favour of infidels? Not in this century or the next. It was a forgone conclusion. Muslims expect all muslims to support their own cause regardless of the situation. Just as Malaysia will protect Proton to its dying breath, so will it protect Islam. No one said justice had anything to do with it.

Was the result surprising? Muslims are in charge of the Syariah court. They also happen to be in charge of the entire judiciary spanning the entire hierarchy. They also happen to be in charge of the executive body, parliament, majlis raja raja, ministries, economic council, MIC, MCA and in fact the rest of the whole damned shebang. In fact to think of it, the only body they haven't gotten full control yet is the Malaysian Consultative Council for Buddhism, Christianity, Hinduism and Sikhism. For the time being.

It is now carved in stone that there is no possible legal recourse for non muslims to plead their cause. The next best course of action is to counsel their own people and ensure sufficient education for their children regarding the nature of Islam as well as the insidious pitfalls and traps that are prevalent in Malaysia. Considering that those who suffer the greatest casualties so far are the Hindus and Christian Kadazans, the respective religious leaders should proceed without further delay.
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Last edited by ali5196 on Mon Feb 27, 2006 4:53 pm, edited 2 times in total.
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Postby thong_cult2 » Mon Feb 27, 2006 3:30 pm

Huaaaaa gua males bacanya buanyak banget.

Tapi gua tahu intinya islam itu jelek kan. heheh
Tapi menurut gua yang ngejelekkin pasti lebih jelek lagi.

Ada sebuah kalimat
Iri tanda tak mampu
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Postby ali5196 » Mon Feb 27, 2006 4:56 pm

males baca tapi rajin asumsi.

isinya nggak tahu tapi langsung berkesimpulan kita ngeledek Islam. Ingat yg ngomong di atas itu non-muslim Malaysia yg udah muak sama sifat diskriminatif Islam. Islam-lah yg menjelek2kan diri sendiri.

Nggak percaya ? Lihatlah disekeliling dunia, Muslim.
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Postby thong_cult2 » Sat Mar 04, 2006 11:59 am

Males juga gua bacana puanjang banget

Yang pasti klo loe benci muslim loe pergi aja dari sini ke Vatikan misalnya di stu tuh kan banyak orang kristen
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Postby Phoenix » Sat Mar 04, 2006 5:53 pm

Yang nggak bisa idup sama agama lain, ke arab aja tuh sana gabung sama onta sodara-sodaramu
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Huee...

Postby sato x » Mon May 08, 2006 5:41 pm

Kenapa seh kalo ada yang ga suka ama islam selalu diidentikkan dengan kristen ? Bawa" vatican lagi, udah gitu ga nyambung pula. Kasihan aku lihat orang seperti itu - sedikit mendengar tapi banyak bicara. Apa dia ga tahu karena vatican banyak menolak policy USA makanya arab masih bisa ketawa ketiwi? Hmm...

Salam
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Re: MALAYSIA: pengadilan sipil vs syariah (kasus Moorthy)

Postby BerjayalahKebenaran » Sun Feb 12, 2012 12:01 am

emangnya negara ini milik islam doang?
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