Saya menyokong kenyataan seorang Peguam, Mohamed Haniff Khatri Abdullah yang berkata bahawa konflik penjagaan anak dan perebutan jenazah yang sering berlaku apabila seseorang memeluk agama Islam tiada kena mengena dengan agama itu tetapi berpunca daripada kelemahan pihak yang melaksanakan undang-undang.
Selain itu ia juga berpunca dari kegagalan kerajaan memperkukuhkan Mahkamah Syariah sehingga mahkamah ini menjadi mahkamah kelas kedua di Malaysial. Sepatutnya apa juga keputusan Mahkamah Syariah yang membabitkan orang Islam tidak boleh dicabar di Mahkamah Sivil. Ini kerana orang Islam atau kes yang membabitkan agama Islam sudah sewajibnya tidak boleh dibawa atau dicabar di Mahkamah Sivil.
Walaupun begitu orang Bukan Islam yang mempunyai kepentingan di dalam sesuatu kes di Mahkamah Syariah boleh dipanggil untuk membantu mahkamah memberikan keterangan atau mengemukakan bahan bukti walaupun mungkin tidak boleh menjadi saksi.
Dalam Forum 'Memeluk Islam' anjuran Majlis Peguam semalam, Hanif juga berkata perceraian sesama agama juga sering melibatkan masalah perebutan anak.
Menurut beliau, dalam perceraian di kalangan pasangan seagama pun masalah perebutan anak dan penderitaan tetap berlaku.
''Jadi ini bukan masalah agama, ia adalah masalah bagaimana manusia melaksanakan undang-undang,'' jelasnya.
Jelas sekali selagi kerajaan gagal menyelesaikan masalah pertikaian dua sistem iaitu sistem syariah dan sivil selagi itulah akan datang pertentangan antaranya. Sehingga ke hari ini kerajaan Islam Hadhari masih berdolak dalik dalam hal ini.
Kerajaan sepatutnya sudah lama menggubal undang-undang untuk mewajibkan semua orang kes melibatkan orang Islam mesti diadili dengan mahkamah syariah iaitu menggunakan Undang-undang Islam. Kes-kes ini semestinya mencakupi semua, bukan hanya nikah kahwin, cerai-berai, harta pusaka, hak penjagaan baik malah kes jenayah dan sebagainya mesti diadili mengikut hukum Islam.
Bagi saya orang Bukan Islam tidak patut takut dengan sistem Mahkamah Syariah kerana ianya hanyalah untuk mengadili orang Islam sahaja. Orang Bukan Islam bebas untuk diadili dibawah mahkamah sivil.
Malah sesiapa yang bukan penjenayah, perompak, penyamun, perasuah dan sebagainya tidak perlu takut untuk diadili di mahkamah mana sekalipun andainya mereka tidak melakukan kesalahan. Hanya orang yang bersalah sahaja yang takut untuk ke mahkamah.
Comments
2. Apakah watak dan perangai seeorang MP sabigini?
3. Adakah MP jenis ni yang akan mewakilli kita ke tahun 2020?
4. Memalukan sahaja dan umpama seorang racist dan syaitan.
http://patek1472.wordpress.com
1. a Muslim who had converted to christianity had his dead body confiscated by the Christians on his funeral day ?
2. can u imagine what would happen if a newly converted Christian father converts his 2 muslim children to Christianity without his Muslim wife's permission ?
There cant be one rule for Muslims and another for non Muslims. Both are human beings and both have and share the same feelings.
Zulkefli is a racist fanatic and so is Salahuddin Ayob and both should be arrested for inciting racial hatred.
Instead of shouting on the road like uncivilised barbarians both Zulkefli and Salahuddin should have attended the forum and argued their points.
The prefer to behave like Taliban uncivilised people instead
NATIONAL MIC YOUTH COORDINATOR
T.MOHAN
THE MIC YOUTH STRONGLY CONDEMNS THE TACTICS OF IRRESPONSIBLE GROUPS IN DISRUPTING THE BAR COUNCIL FORUM ON CONVERSION TO ISLAM IN KUALA LUMPUR TODAY.
THEIR ACTIONS IS A STEP BACKWARD TOWARDS THE UNITY AND RELIGIOUS HARMONY AMONGST THE VARIOUS RACES IN MALAYSIA ENVISIONED UNDER VISION 2020.
WE ARE DISAPPOINTED WITH THE GROUPS FOR FAILING TO ALLOW THE DISCUSSION OF THE ISSUES OF INTER-FAITH IN A MATURE AND RESPONSIBLE MANNER.
THE BAR COUNCIL HAS REITERATED THAT THE FORUM ON RELIGIOUS CONVERSION WAS NOT TO QUESTION THE PROVISIONS OF ARTICLE 121 (A)
OF THE CONSTITUTION BUT TO ADDRESS THE CONFLICTS OF LAWS FACING FAMILIES CAUGHT BETWEEN THE SEPARATE JURISDICTIONS OF CIVIL AND SYARIAH LAWS.
THE MIC YOUTH REALISE THE NECESSITY OF THE ABOVE FORUM AS IT WILL CLARIFY CONFUSION OF THE CONCERNED GROUP AND WILL BE A BASE FOR GUIDELINE FOR THOSE WHO ARE LOOKING TO CONVERT TO THEIR ORIGINAL RELIGION DUE TO THEIR PERSONAL JUDGEMENT.
WE BELIEVE OPEN DISCUSSIONS AND DIALOGUES ON THE PROBLEMS ARISING OUT OF THE SYARIAH AND CIVIL COURTS SEPARATE JURISDICTIONS AND OTHER ISSUES TO RELIGIOUS CONVERSIONS ARE IMPERATIVE TO FIND SOLUTIONS.
THERE ARE SO MANY CASES WHERE INDIVIDUALS AND FAMILIES WERE AFFECTED BECAUSE OF THE CONVERSION IN AND OUT OF ISLAM. MANY WHO HAD CONVERTED WERE ALSO IN A DILEMMA AS THEY WERE UNABLE TO REVERT TO THEIR FORMER RELIGION.
WE STRONGLY BELIEVE THESE GROUPS SHOULD HAVE USED THE FORUM TO COME AND GIVE THEIR VIEWS INSTEAD OF ACTING HIGH-HANDEDLY AND FORCING THE CANCELLATION OF THE FORUM.
WE ARE DISAPPOINTED THAT THE POLICE HAD ALSO FAILED TO TAKE ACTION AGAINST THESE GROUPS FOR STAGING DEMONSTRATIONS AND HAD INSTEAD ASKED BAR COUNCIL TO CANCEL THE FORUM.
THE MIC YOUTH IS ALSO CONCERNED WITH THE STATEMENTS MADE BY CERTAIN LEADERS WHO HAD STRONGLY OPPOSED THE FORUM AS IT HAS CAUSED RESENTMENT AMONGST THE NON MUSLIMS
THEY SEEM TO HAVE IGNORED THE FACT THAT THE BAR COUNCIL HAS ALREADY CLARIFIED THAT THE FORUM WAS TO ADDRESS THE CONFLICTS OF LAW.
THEY SHOULD HAVE COME OUT WITH THEIR PROPOSALS IN ADDRESSING THE ISSUE OF NON-MUSLIM HUSBANDS WHO ABANDON THEIR SPOUSES AND THEIR FAMILIES AND CONVERT INTO ISLAM RATHER THAN TO STOP A LEGITIMATE FORUM.
THE MIC YOUTH ALSO CALL ON HINDRAF TO PUBLICLY STATE THEIR STAND AS THE GROUP WHO OPPOSED THE FORUM WAS LED BY A PARTI KEADILAI RAKYAT MP. IS THIS WHAT HINDRAF GETS FOR SUPPORTING PKR IN THE GENERAL ELECTION?
ENDS
By Davy de Verteuil, Trinidad & Tobago
1. Why the Bar Council idea should not be considered malicious and provocative?
2. What dialogue is the Bar Council "you" seeking from a people with a 1400 year custom?
3. Why is the Bandar Kulim MP label a hard liner now?
While your claim of India like China having more Muslims than Malaysia that does not denote the influence and founding institutions by way of numbers, Malaysia is a sovereign country and no nation sovereignty is determined by its size.
For your information Islam and Muslims are violently kept in check both in China Kashmir and India proper. So have a good look before you attempt to trivialise the Malays inalienable right to guard their customs and way of life.
However I implore the Malay people; it is not proper that you refer to your fellow humankind as pigs- this is an insult also to God and His messengers. We are all part of the human family created by GOD and this goes against the essence of Islamic enlightenment.
Have you ‘Bar Council’ not realized the hatred from respondents in the many blogs in Malaysia?
What are you telling us that this reactionary behaviour is entirely the Muslims fault also?
I disagree with the name calling yet I refuse to pander to the Bar Council’s condescension of innocence as they claim that the call was merely to discuss. The Bar Council’s determination and wilful defiance, its sarcasms betray the rational here. This is not a professional institution representing issues of Law and Justice but a group rearing to displace a people and their indigenous right. The Bar’s actions are fraught with ulterior motives and could erode the little trust form the nation’s majority.
In my honest opinion this group of legal individuals have attack the constitution of Malaysia as they use their offices to challenge and turn over the constitution through an assembly outside of parliament.
This isn’t freedom of any kind rather it’s a recipe for anarchy neither is this the defence of any community but an affront to disenfranchise the other. The Bar Council acted like a legal and intellectual entity toward bulling the Malays.
Riling any group of people invigorates extremism and the Bar Council should blame itself for the near fracas it brought about. Transformations are taking place in South &Latin America and in Africa where the indigenous have been marginalised brutalised that left various cultures extinct as the Élite are on the offensive yet here in Malaysia the Early people are told that their ways and customs are unacceptable which form a historical point of view goes against the very grain of freedom liberty and justice.
To All quarters, until you all come to appreciate that none can move the sun and the moon from where they stand there will always be antagonism.
The Bar Council attempt to diminish indigenous Muslim rights and customs in an all too pretentious dialogue is a betrayal of civility and boarders on a malicious coup, they know all too well that attacking Islam tantamount to declaring war on its forbearers.
Perhaps they were testing the soil but they were overwhelmed by a small band determined not to spare as much as a spark.
The March 8 election results and the current political uncertainty was not due to Muslim or Islamic traditions in Malaysia but that failures for accountability unbridled corruption and ineptitude across the board were dragging the nation down.
There are elements (Bar Council)who believe that this is an opportune moment to belt the Muslims and ransom the country of its norms and founding traditions- well sorry....That demo sound a warning otherwise.
And for those of you sighting the US as an example on any issues of democracy freedom and justice - by GOD you don't have to go there - just read....I lived and was educated in the US and Canada; you have no idea of the US except for its Hollywood and media fallacies impressed on the rest of the world.
Judging from your disgusted ill or uninformed or both; points of views I can only ask: are you all happy with the slaughter of over 1million Iraqis and the pretext by which this mass killings were executed? For your information they weren't all Muslims though majority are and the thousands of brown Christians who were considered collateral damage that perished.
I have not read or experience similar out pouring of hatred towards Britain and the US as I am witnessing here both by the host blogger and its contributors.
How dare you site America as an example where it contains the biggest prison population in the world/history and the black brown and chinky eye peoples are often targets of abuse due to inherent unrepentant racist that forms America's reactionary safety valve?
Why is it that in Malaysia the indigenous have to surrender their traditions and customs because it is deemed unfair when at the same time you “Bar Council” wished to invoke your customs and perceived rights as equitable and just? Aren't the Malay Muslims losing their rights then? I am not afraid to say this; The Malays like everyone else are this nation, but they Malays are the earlier ones; like it or not, that carries a lot of weight as much as Right.
I will always know my rights in the house of my in-laws no other method in adoption will have me fooled.
From the desk of an Arawak African & Indian in ‘ONE’ on the beautiful Islands in the Caribbean.
Arawak is a people or tribe who is refer to as American Indian or Red Indian.
Indigenous rights are my struggle- No apology.