12-30-2005, 01:29 AM
<i>Every practicing Hindus has the right for a worthy last sacrament. Also in Malaysia. It is not as natural and universal as it may sound in Malaysia. Witness the following article.</i>
<b>Interfaith group to hold candlelight vigil</b>
A group representing four major religions in the country will be holding a candlelight vigil tonight in front of the Kuala Lumpur High Court. Source: www.malaysiakini.com
After eight days of impasse over his religious status, M. Moorthy was finally buried today as a Muslim. This followed a High Court ruling that it had no jurisdiction to review a Syariah Court decision that he had converted to Islam. High Court judge Datuk Mohd Raus Shariff said that Article 121(1A) of the Constitution stated clearly that the civil court had no jurisdiction on matters pertaining to Islam, which should be handled by the Syariah Court. His decision ended a tussle between Moorthys family, who insisted he died a Hindu, and the Federal Territory Islamic Affairs Council, which argued that he had converted to Islam. But the High Court decision is not likely to end the larger debate thrown up by this case, on the rights of non-Muslims in such cases. Moorthy, 36, had been in the intensive care unit since Nov 11 after sustaining a head injury in a fall from his wheelchair at a friends house in Rawang. The former commando was paralysed after a training accident seven years ago. After the decision was handed down, Moorthys body was taken from the Kuala Lumpur Hospital mortuary to the Tanah Perkuburan Islam Ibukota, Setapak, where he was interred under tight security.
<b>PRAYERS AT GRAVESIDE:</b> Moorthys elder brother Mohd Hussin Abdullah (left) at the cemetery in Setapak yesterday. In dismissing the application by Moorthys widow, S. Kaliammal, Raus noted that the main issue brought before him was whether Moorthy had converted to Islam or was still a Hindu. "The civil court has no jurisdiction to review the Syariah High Court decision," he told a packed courtroom. Raus also said although there were affidavits filed by Kaliammal, her brother and a friend stating that Moorthy participated in Hindu rituals, the question of jurisdiction to decide the matter still lay with the Syariah court and not the civil court. For this reason, he said, he could only grant one relief sought by the widow that she was the deceaseds lawful wife until the time of his death on Dec 20.
Kaliammal, in her originating summons filed on Wednesday, sought a declaration that Moorthy was a Hindu and followed Hindu rituals, a declaration Moorthy was not a Muslim, and a declaration that documents proving Moorthys conversion were null and void. After the judge handed down his decision, M. Manoharan, lawyer for the widow, applied unsuccessfully for a stay of execution for them to appeal to the Court of Appeal. Despite losing the case, Kaliammal said Moorthys soul was with her.
Moorthys wife (left) being led away after the courts decision.
He was buried at 2.45pm. Some 100 people, including his former army colleagues, friends, police personnel and members of the media, were present. None of Moorthys family members attended the burial ceremony except for his brother, Mohd Hussin Abdullah, and the latters teenage son. Hussin, 48, who converted to Islam in 1981, said he was not aware that Moorthy had become a Muslim. "I only found out about this when he died and was surprised. "He never mentioned anything about this to me, "But theres no point in pursuing this matter any further. I hope they can accept the decision reached by the court," he said after the funeral. "This is the end of the story as far as I am concerned. The court has made a ruling."
<b>Inter-faith group: Amend Constitution</b>
An inter-faith group today urged the Government to amend the Constitution to give the High Court the power to decide if a person has become a Muslim convert. The statement from the Malaysian onsultative Council of Buddhism, Christianity, Hinduism and Sikhism followed a High Court ruling today that it did not have the power to disturb a finding by the Syariah court on Thursday that M. Moorthy had become a Muslim. In a statement, the council said it took the view that it was wrong for the Syariah court to have "assumed jurisdiction over persons who do not profess Islam and where its orders directly affect thes rights of the family members of a person, all of whom do not profess Islam". It called on the Government to amend Article 121(1)(A) of the Constitution, which states that all matters pertaining to Islam should be handled by the Syariah court. "We call on the Government to urgently cure this grave defect in our legal system by making the necessary amendments to the Federal Constitution and all other legislation so that jurisdiction to determine the validity of conversion into and out of Islam are vested in the High Court where all Malaysians can be parties and have equal rights as witnesses," said the council. MCCBCHS president Dr K. Sri Dhammananda said the court decision implied there was no legal remedy for non-Muslims in such cases. "This is the biggest seed of disunity that can be sown at this time," he said. Also present at the Press conference were MCCBCHS vice-president Harcharan Singh, Datuk A. Vaithilingam, Archbishop Murphy Pakiam and Reverend Wong Kim Kong, secretary-general of the National Evangelical Christian Fellowship. Source: New Straits Times
<i> If you want to display you support to the family, the interfaith group, please send an email to: info@agni.nl
</i>
<b>Interfaith group to hold candlelight vigil</b>
A group representing four major religions in the country will be holding a candlelight vigil tonight in front of the Kuala Lumpur High Court. Source: www.malaysiakini.com
After eight days of impasse over his religious status, M. Moorthy was finally buried today as a Muslim. This followed a High Court ruling that it had no jurisdiction to review a Syariah Court decision that he had converted to Islam. High Court judge Datuk Mohd Raus Shariff said that Article 121(1A) of the Constitution stated clearly that the civil court had no jurisdiction on matters pertaining to Islam, which should be handled by the Syariah Court. His decision ended a tussle between Moorthys family, who insisted he died a Hindu, and the Federal Territory Islamic Affairs Council, which argued that he had converted to Islam. But the High Court decision is not likely to end the larger debate thrown up by this case, on the rights of non-Muslims in such cases. Moorthy, 36, had been in the intensive care unit since Nov 11 after sustaining a head injury in a fall from his wheelchair at a friends house in Rawang. The former commando was paralysed after a training accident seven years ago. After the decision was handed down, Moorthys body was taken from the Kuala Lumpur Hospital mortuary to the Tanah Perkuburan Islam Ibukota, Setapak, where he was interred under tight security.
<b>PRAYERS AT GRAVESIDE:</b> Moorthys elder brother Mohd Hussin Abdullah (left) at the cemetery in Setapak yesterday. In dismissing the application by Moorthys widow, S. Kaliammal, Raus noted that the main issue brought before him was whether Moorthy had converted to Islam or was still a Hindu. "The civil court has no jurisdiction to review the Syariah High Court decision," he told a packed courtroom. Raus also said although there were affidavits filed by Kaliammal, her brother and a friend stating that Moorthy participated in Hindu rituals, the question of jurisdiction to decide the matter still lay with the Syariah court and not the civil court. For this reason, he said, he could only grant one relief sought by the widow that she was the deceaseds lawful wife until the time of his death on Dec 20.
Kaliammal, in her originating summons filed on Wednesday, sought a declaration that Moorthy was a Hindu and followed Hindu rituals, a declaration Moorthy was not a Muslim, and a declaration that documents proving Moorthys conversion were null and void. After the judge handed down his decision, M. Manoharan, lawyer for the widow, applied unsuccessfully for a stay of execution for them to appeal to the Court of Appeal. Despite losing the case, Kaliammal said Moorthys soul was with her.
Moorthys wife (left) being led away after the courts decision.
He was buried at 2.45pm. Some 100 people, including his former army colleagues, friends, police personnel and members of the media, were present. None of Moorthys family members attended the burial ceremony except for his brother, Mohd Hussin Abdullah, and the latters teenage son. Hussin, 48, who converted to Islam in 1981, said he was not aware that Moorthy had become a Muslim. "I only found out about this when he died and was surprised. "He never mentioned anything about this to me, "But theres no point in pursuing this matter any further. I hope they can accept the decision reached by the court," he said after the funeral. "This is the end of the story as far as I am concerned. The court has made a ruling."
<b>Inter-faith group: Amend Constitution</b>
An inter-faith group today urged the Government to amend the Constitution to give the High Court the power to decide if a person has become a Muslim convert. The statement from the Malaysian onsultative Council of Buddhism, Christianity, Hinduism and Sikhism followed a High Court ruling today that it did not have the power to disturb a finding by the Syariah court on Thursday that M. Moorthy had become a Muslim. In a statement, the council said it took the view that it was wrong for the Syariah court to have "assumed jurisdiction over persons who do not profess Islam and where its orders directly affect thes rights of the family members of a person, all of whom do not profess Islam". It called on the Government to amend Article 121(1)(A) of the Constitution, which states that all matters pertaining to Islam should be handled by the Syariah court. "We call on the Government to urgently cure this grave defect in our legal system by making the necessary amendments to the Federal Constitution and all other legislation so that jurisdiction to determine the validity of conversion into and out of Islam are vested in the High Court where all Malaysians can be parties and have equal rights as witnesses," said the council. MCCBCHS president Dr K. Sri Dhammananda said the court decision implied there was no legal remedy for non-Muslims in such cases. "This is the biggest seed of disunity that can be sown at this time," he said. Also present at the Press conference were MCCBCHS vice-president Harcharan Singh, Datuk A. Vaithilingam, Archbishop Murphy Pakiam and Reverend Wong Kim Kong, secretary-general of the National Evangelical Christian Fellowship. Source: New Straits Times
<i> If you want to display you support to the family, the interfaith group, please send an email to: info@agni.nl
</i>