29.3.2007

Press Statement On Court of Appeal Decision in Saravan vs Subashini

The Catholic Lawyers Society views with grave concern the implications of the majority decision of the Court of Appeal in the case of Saravanan a/l Thangathoray vs. Subashini a/p Rajasingam which denied the non-muslim wife her right to seek legal redress in regards to her civil marriage and the conversion of her minor son to Islam by her (recently converted) muslim husband.

Malaysia being a multi religious country has clear and distinct laws governing muslims and non muslims particularly pertaining to family matters and it is disheartening when the very institution which is in place to govern and protect the interest of all persons in accordance with the Federal Constitution and particularly non muslims based on Civil Laws refused to adjudicate when an aggrieved non-muslim wife sought redress in respect of her marriage and the religious status of her son.

It is further disappointing to note that the Court of Appeal is of the view that the non-muslim wife should subject herself to the Syariah Courts that decides matters based on Islamic theology and especially when Section 46 (2) (b) Administration of Islamic Law (Federal Territories) Act 1993 clearly states “A Syariah High Court shall in its civil jurisdiction hear and determine all actions and proceedings in which all the parties are muslims……”.

The Federal Constitution is the supreme law of the Land and the Catholic Lawyers Society calls on all parties to give the Constitution its due recognition and urges that the Judiciary be for all the true guardian of enshrined constitutional rights.

Francis Pereira
President
Catholic Lawyers Society