Forcible separation of Marimuthu from wife and six children – habeas corpus writ


Forcible separation of Marimuthu from wife and six children - habeas corpus writ

DAP National Chairman Karpal Singh will file habeas corpus application for rubber-tapper Marimuthu a/l Periasamy to be reunited with his wife, Raimah Bibi a/p Noordin and six children (Yogneswary 12, Paramila 11, Hariharen 8, Shamala 5, Ravindran 5 and Kuberan, 4) who had been forcibly separated from him for two weeks by Jabatan Agama Islam Selangor (JAIS).

On 2nd April, 2007, seven officers from JAIS came to his house in Kampung Baru Tambahan Ulu Yam Lama, Selangor and told him that his wife of 21 years was a Muslim and that she and the six children must be placed in a rehabilitation centre.

Marimuthu, 44, had no choice but to let the officers take his family away.

He said an “ustaz” told him to convert to Islam or threatened to charge him for khalwat with Raimah.

Raimah, who returned to help him with the rubber tapping work two days later, told him that Jais had placed the family in the nearby Kampung Melayu Liga Emas, a Muslim Malay populated area, so that the neighbours can keep an eye on her daily activities and prevent her from meeting with any outsiders, particularly her Hindu husband.

Marimuthu said he felt threatened by the villagers’ stares when he attempted to visit his wife and children, and his wife was afraid and refused to come out and talk to him. Marimutu had no choice but to leave that village..

Raimah Bibi is an Indian who is a practicing Hindu. She was once adopted by a Indian-Muslim family when she was small. Her IC had never indicated that she was a Muslim until when she applied for her MyKad when her name was changed to Rahimah Bibi bt Noordin and identified as a Muslim. Both Marimuthu and Raimah did not apply for correction with the National Registration Department (NRD). Birth certificates of all Marimuthu’s children also indicate that Raimah is an Hindu Indian.

Marimuthu said that both of them were practising Hindus and they had got married in a temple according to Hindu rites and all their children were brought up as Hindus.

He said Raimah, who was adopted by an Indian Muslim family, cannot remember her adopted mother and her late adopted father had approved of their relationship.

It is most shocking that there is a lengthening list of cases of families being broken up by religious authorities like the case of Marimuthu being forcibly separated from his wife and six children in utter disregard of the sensitivities and rights of the multi-religious citizenry in the country.

When laws and religions are used to break up families, it is giving a bad name to laws and religions.

Noted constitutional lawyer and human rights defender, Malik Imtiaz have rightly commented on the Marimuthu family tragedy in his blog, Disquiet:

The law requires that the welfare of the children be the paramount consideration. The law also requires that all of us be treated equally. And yet, it would seem that those amongst us charged with the welfare of the nation and its citizens appear to think otherwise.

What justifies tearing a family apart, separating children from their parents? Islam does not. The law does not. How can we even begin to understand the anguish of the father, the mother and the children? How can we even begin to understand that some believe that the law countenances, warrants, such cruelty?

Someone has to be made accountable for this.

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  1. #1 by undergrad2 on Wednesday, 18 April 2007 - 3:51 am

    “When will the Indians wake up.The same applies also to the Chinese in Machap. Looks like they will be enslaved for another generation.” Richard Teo

    The Machap Indians did the right thing. They know which side of the bread is buttered. Do you??

  2. #2 by DiaperHead on Wednesday, 18 April 2007 - 6:45 am

    “Can a person put “Atheist” or “Free Thinker” in his MyKad application form?” Sheriff the singh

    You can put ‘diaper head’ diaper head.

  3. #3 by Tai Lo Chin on Wednesday, 18 April 2007 - 8:10 am

    Maybe the answer to Richard Teo’s question in his posting of April 17th, 2007 at 10:48 pm lies in the “displacement” syndrome of animal behaviour raised in ENDANGERED HORNBILL’s posting of April 16th, 2007 at 11:57 am under earlier Blog Thread of “Memories of the colony” by Dr Azly Rahman.
    Loh in his posting of April 17th, 2007 at 1:06 pm said that “Jabatan Agama Islam Selangor (JAIS) is a government department, and in Bolehland it is the extension of UMNO.”
    This is only outward appearance. UMNOputras are there for power and with it opportunities to make quick and large sums of money. Religious zealots are a separate group. They are merely making use of UMNO and its putras for a different agenda. In accommodating zealots, UMNO is riding on a tiger. At this moment the fight against zealotry has to be waged at level of the courts based on the constitution. Whether or not courts got “balls” we are still a nation of laws, man made and not God given, at least for time being. This is only avenue to fight. The Malik Imtiazs, Zarinah Anwars, Haris Ibrahims, Farish Noors out there should have courage to surface and fight, to bring sanity back to our country. The other icon that needs to be heard is ex ABIM boy, DSAR. Where is he? A word from him will go a long way.

  4. #4 by lakshy on Wednesday, 18 April 2007 - 8:45 am

    Mendela, actually just get these talibans to go fight in Iraq. After all they see USA as the intruder. So they can get many virgins if they die in this Jihad…….ohmygawd some of them may even be crazy enough to do it!

    Rocky, my sentiments too, but I dont know if they have changed those rules too! We wont know until they bring someone non-muslim to court over the matter.

    By the way, when JAIS guys go and make raids to entertainment sites, why is it that they only round up the muslim GIRLS? Why not the muslim GUYS too?

    I was in an entertainment outlet in JB with some friends when the JAIJ made a raid. They treated all of us very badly. There were Rela men present with them. All were guilty until proven innocent. Herded all of us into the hall and then took away all our IC’s. I had a muslim friend with me, but he was not taken by JAIJ. Only all the women were taken away.

    Wonder what all the potential investors will think of these talibans.

    Better invest in Singapore or even China or India. Why come to IDR?

  5. #5 by lakshy on Wednesday, 18 April 2007 - 8:52 am

    When you get your IC, if your religion is Islam, it appears on the front of the IC. I had a shock when we went to do my wife’s IC, and while everything else was correct, the religion Islam was printed at the bottom.

    We got it changed with some difficulty at the Shah Alam regsitration dept. They felt that they were right, and we were wrong although her’s was with an indian and chinese name.

    Another probelm with the registration dept is if a name sounds muslim, they may think the person is Muslim. In India, many Hindu girls have names such as Haseena, Suhana, Ashiyana, Sharmila, which may sound Muslim, but are used by all Indians. So possibly the name Raimah which sounded muslim, made the Registration dept register her as a muslim. Wonder if they classified her as bumiputra. If they did, then heyyyyy what the heck, she may as well keep the privileges!

  6. #6 by bbtan on Wednesday, 18 April 2007 - 9:14 am

    “The Machap Indians did the right thing” – Undergrad2
    Do you seriously believe their buttered bread would be more nutritious after the election?
    Tai Loh Chin – Those people at JAIS are not zealots. They are practicing fundamental Islam. Dont believe, ask TDM or aisehman.

  7. #7 by undergrad2 on Wednesday, 18 April 2007 - 10:12 am

    “…we are still a nation of laws, man made and not God given…” Tai Loh Chin

    This is only partly true. The fact is we have admitted God into our lives by way of Articles 3 and 11 of our Federal Constitution of 1957 – the issue is which God, the Chinese God or the Muslim God or some other Gods.

    Having admitted God into our lives by way of His inclusion into our Constitution, we then mess it up.

    We are not even a nation of laws.

  8. #8 by DarkHorse on Wednesday, 18 April 2007 - 10:22 am

    “When will the indians wake up.” Richard Teo

    I guess they’ll wake up when they stop sleeping.

  9. #9 by greenacre on Wednesday, 18 April 2007 - 10:54 am

    Professor Spencer .D Pollard quotes in his book written in 1966 where he states of Mohammad’s thoughts on economics ‘it is better to teach knowledge one hour in the night than to pray the whole night.’ In fact the Professor had praise for Mohammads teaching.
    However the good above turned to something else when Abu Hamid al-Ghazali (aka second prophet) came into the picture. What we see now is the outcome of the teachings and the downward spiral of death & destruction in the muslim world. Malaysia had been spared this but other shifts started with Mahathir with his Islamization in all aspects of malaysian sphere.

  10. #10 by ethnicmalaysian on Wednesday, 18 April 2007 - 12:32 pm

    Rehabilitation camps sound like brainwashing to me. Not very different from concentration camps? Gulags? And heck, we are not talking about WW2 Germany or the Soviet Union. Fascism in the form of religion is rearing its ugly head in this country. And they banned Lelaki Komunis Terakhir? What rich irony!

  11. #11 by Winston on Wednesday, 18 April 2007 - 1:49 pm

    “Winston, I don’t quite understand what you mean by “stealthily implemented this when we changed to Mykad”. My MyKad does not state my religion.
    If I’m not wrong, they don’t have much options to correctly state a person’s faith. I am Taoist and Confucian. How’s my case? Sometimes I’m Buddhist. How about those who keep changing religions?” – Taiko
    To start off, I would like to reiterate that Mykad should not include religion. Now continue reading.
    By stealthily I mean just that – without letting the public know or obtaining their feedback. It was implemented unilaterally. It’s not about whether the state can change our religion, this question never arises in what I said. It’s about the non-necessity of having religion stated in an identity card at all.
    You said that “I am Taoist and Confucian. How’s my case? Sometimes I’m Buddhist. How about those who keep changing religions?”. You have said it! Does it mean that everytime a person changes his religion he should have it changed in his Mykad? Why have religion in the Mykad in the first place and create hassles when none existed? Get my point?

  12. #12 by ah lau on Wednesday, 18 April 2007 - 1:57 pm

    The trouble of the issue is ” what is the definition of GOD ? ” before one could discuss and consider what religion you are professing !

    For any religion to teach that there is only one GOD is the same as telling others partial truth ( or untruth ) because through out history, there were many many gods – no one of some intelligence can disregard !

    The irony is for some samll group of human beings to assume the role of gods – leading to chaos – like the Marimuthu and so many other cases !

    If I recall correctly, the killing of fellow humans in the name of gods may have out-numbered many past calamities put together !
    This feat would sure set to continue, untill the Mighty Science proves otherwise.

  13. #13 by ethnicmalaysian on Wednesday, 18 April 2007 - 2:39 pm

    An earlier post said that all religions preach peace and love. I don’t quite subscribe to this notion that Islam is a religion of peace and justice and it is being given a bad name by zealots and fanatics. A religion is what is practiced by its followers. Without the adherents there is no religion, it would merely be a theoritical concept in a book that has no meaning whatsoever. So I would have no choice but to equate the actions of its adherents with the religion itself, so if the actions are bad, the religion by connotation is bad as well. A religion as practiced is represented by its adherents.

  14. #14 by undergrad2 on Thursday, 19 April 2007 - 5:31 am

    This issue has been sensationalized for far too long and way too much as an “attempt by religious authorities to break up families” when it is really not the case.

    There must be another way of getting public attention so that action could be taken, without a play for sensationalism.

    The fact is these people feel it their duty to protect the constitutional status of Islam viewed as a symbol of Malay political hegemony. The perception is that of Malay political hegemony under threat.

    It is not a legal issue but a political one and as such the solution must also be political.

  15. #15 by megaman on Thursday, 19 April 2007 - 10:08 am

    hi undergrad2,

    I dun see tis as an sensationalized news … altho I do agree wif u on the part of Malay political hegemony and that the religious authorities may not have the intention of breaking up families …

    but the thought of them having the capability and has done so … not once but numerous times is a scary one …

    This is plain WRONG and CRIMINAL !!! yet at the end of the day … after all the suffering inflicted on the affected families .. these goons get away scot-free is RIDICULOUS !!!
    Dun tell me that they are going to be charged in a civil court becoz they won’t as they can argue this is a religious issue that the civil court can’t touch …

    Seems like they have more power than the police or military …

  16. #16 by bhuvan.govindasamy on Thursday, 19 April 2007 - 11:34 am

    Whatever the reason or justification, breaking up a family that has been together for over 20 years is just plain cruel. That such cruelty is perpetrated by the elected government of the day should give us all pause.

    Forced conversions and genocide would not be far behind.

  17. #17 by undergrad2 on Thursday, 19 April 2007 - 7:15 pm

    “I dun see tis as an sensationalized news … altho I do agree wif u on the part of Malay political hegemony and that the religious authorities may not have the intention of breaking up families …” Megaman

    The U.S. Government has laws under its immigration policy that seek to unite families. But today it is deporting illegal immigrants with family members who are U.S. citizens. The U.S. Government has been criticized of doing just that – of deporting illegal immigrant parents, breaking up families and leaving behind helpless children who are born U.S. citizens.

    Their intention is not to break up families but enforcement of immigration laws. But does it matter? Families are being broken up every day with disastrous consequences to those affected.

  18. #18 by undergrad2 on Thursday, 19 April 2007 - 7:22 pm

    The Malays see themselves as being under siege, their political hegemony threatened – and the constitutional status of Islam the official religion threatened.

    The Opposition must be sensitive to this kind of Malay perception if it is to take on the image of a credible Malaysian opposition – rather than a Chinese political opposition interested only in defending their legitimate rights under the Federal Constitution of 1957.

    It must move away from such public perception.

  19. #19 by robert wong on Thursday, 19 April 2007 - 9:30 pm

    Undergrad2, you are right. UMNO is playing race and religious issues until their last drop of blood. Because they knew that the more race and religious issues are being brought up by the DAP or opposition party, the more they capitalised on these. Malay knew that once their race and religion is underseiged, they will flock under their ‘TAI KO’ . UMNO is playing the REVERSE Psychology game every time when election year is near.

  20. #20 by undergrad2 on Friday, 20 April 2007 - 1:27 am

    What is equally true is that opposition parties like the DAP, instead of focusing on issues that concern all Malaysians of whatever race, religion and ethnicity are forced to go on the defensive in defense of the legitimate rights of the non-Malays.

    So what have we got?? Malays who see their religion, the symbol of Malay political hegemony, as being under threat (rightly or wrongly) and an opposition who is forced to defend the constitutional rights of the non-Muslim non-Malays. Both are locked in a struggle that could only lead to a stalemate – an impasse from which there can be no victors and no losers.

  21. #21 by Boneka on Friday, 20 April 2007 - 3:51 pm

    How many more of such abuses are we going to condone? I hope the more than 3000 Indian voters and over two-thousand Chinese voters of Ijok would send a message to the leader of our country who came into power on lies and broken promises that his government “stinks’ to the core.

  22. #22 by DiaperHead on Saturday, 21 April 2007 - 1:02 am

    Have you heard of the battered wife syndrome?? However battered she is, she still refuses to act to stop it.

    Malaysians find themselves in a similar situation.

  23. #23 by Jonny on Saturday, 21 April 2007 - 12:07 pm

    This is what happens when our university ranking drops. Too many graduates unemployable as they’re not competent enough and add value enough.

    So, is good to take them in to be the eyes, ears of the masters.

    And it starts from Mat Rempits as well.

  24. #24 by robert wong on Sunday, 22 April 2007 - 10:39 pm

    Please read some of the articles in http://www.islam-watch.org/AdrianMorgan

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