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Hindu up against Sharia

Hindu up against Sharia

Author: Associated Press
Publication: The Statesman
Date: December 28, 2007

Malaysia's highest court today rejected on technicalgrounds an appeal by an ethnic Indian Hindu woman to stop her Muslim convert husband from seeking a divorce in the Islamic Sharia court, while upholding the man's right to change the religion of their youngest son. The petition of Ms R Subashini(29) was rejected by the Federal Court as she had filed it within three months of the conversion of her husband, Mr Saravanan Thangathoray alias Mohammed Shafi Abdullah(32). Her lawyers said she will again file the petition in the High Court to meet the legal requirement that it should be filed three months after the conversion. Ms Subashini is not opposed to divorcing her husband but she wants the procedure to take place in a civil court. The Federal Court today said her Muslim convert husband had a right to approach the Shariah courts. It also upheld his right to convert the couple's youngest son to Islam. Saravanan claims that the elder child had converted to Islam with him. The judgment said both civil courts and Sharia courts have equal status in Malaysia. A clear picture of today's ruling would emerge after a full reading of the verdict, lawyers said. Nik Hashim Nik Abdul Rahman, presiding judgel, noted that "civil courts continue to have jurisdiction, despite her husband's conversion.


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