[1] (International Herald Tribune)
In landmark case, Hindu man in Malaysia gets custody of children born to Muslim wife
The Associated Press
Published: May 3, 2007
KUALA LUMPUR, Malaysia: Malaysia’s Islamic authorities gave a Hindu man married to a Muslim woman custody of their children Thursday, in a landmark decision for minority rights, after the couple were forcibly separated because they follow different religions.
The decision was announced at an emotional hearing in the High Court attended by the ethnic Indian couple, Marimuthu Periasamy and Raimah Bibi Noordin, both rubber tappers who had been happily married for 21 years.
The case is the latest in a series of conflicts involving the religious rights of minority groups that is straining ties in multiethnic Malaysia, where Islam is the dominant religion. Buddhists, Christians and Hindus are the minority faiths.
The crisis began unexpectedly when Islamic authorities took away Raimah Bibi and six of her seven children on April 2 on the grounds that her marriage with Marimuthu was illegal. It was not clear why the authorities acted now when the couple had been together for 21 years.
At the hearing Tuesday, Raimah Bibi, 39, broke down and sobbed openly when the judge asked her if she will give up custody of their seven children, who are aged between four and 14.
“Yes, I agree to surrender my children to Marimuthu,” she said, wiping her tears with the ends of her headscarf.
Marimuthu had filed an application demanding that the Islamic Affairs Department bring his wife and children to court. The department has indicated the couple cannot live together because Marimuthu did not convert to Islam as required by law for their marriage to be legal.
Later, government lawyer Zauyah Be Loth Khan said the Islamic Affairs Department had no objection to the children being raised as Hindus by the father. “It is up to the parents,” she said.
The decision was a landmark step in minority rights because it allowed a Hindu man to take custody of his children who legally might be considered Muslims because their mother is one.
“It would set a precedent for other cases,” said the 43-year-old Marimuthu’s lawyer, Karpal Singh.
Singh indicated that Raimah Bibi gave up the children as a compromise to end the family’s predicament.
“What is very sad is that a happy united family has been divided and has faced such a crisis,” said Lim Kit Siang, opposition leader.
“For this to happen to a couple that has lived together for 21 years as a result of a religious conflict is not good for our international image,” he said.
After Raimah Bibi and the six children were removed on April 2, Islamic authorities took them to a Muslim village for rehabilitation and religious counseling. Marimuthu has claimed that his wife was a practicing Hindu despite having a Muslim name and that he feared she would be brainwashed at the rehabilitation village.
She and Marimuthu did not speak with reporters Thursday.
However, in a statement to the court, Raimah Bibi said she was born a Muslim and wants to “continue professing the Islamic faith.”
Singh said Raimah Bibi “will have absolute access” to her children.
“We are resorting to King Solomon’s justice,” he said referring to the biblical story of a baby being ordered to be cut equally and given to two women who both claimed to be his mother.
Hindu gets custody of children from Muslim wife
May 3, 2007
KUALA LUMPUR — A Malaysian Hindu man forcibly separated from his Muslim wife by Islamic authorities because they are of different religions was Thursday granted custody of their children in a milestone case.
The children will be raised as Hindus in central Selangor state despite having one Muslim parent – which lawyers said was unprecedented in mainly Muslim Malaysia.
Selangor Islamic authorities last month forcibly separated ethnic Indian P. Marimuthu from his ethnic Indian Muslim wife of 21 years, Raimah Bibi Noordin and six of their seven children.
During a high court hearing west of Kuala Lumpur, Raimah, 39, clad in traditional Malay floor-length attire with a Muslim headscarf, told the judge that she was voluntarily giving up custody of her children.
“I agree to hand over the custody of my children to my husband to be raised as Hindus,” Raimah said, before she broke down in tears.
Under Malaysian law, a non-Muslim must convert to Islam in order to marry a Muslim, and children born to Muslims must be raised as followers of that religion.
Government legal advisor Zauyah Be Loth Khan said that Selangor’s Islamic Affairs Department did not object to the children being raised as Hindus.
“She is still entitled to visiting rights at any time,” Zauyah told reporters.
“It sets a new precedent,” said Marimuthu’s lawyer Karpal Singh, also a lawmaker with the opposition Democratic Action Party (DAP).
Marimuthu, 43, applied for custody of the children after they were placed with Raimah in an ethnic Malay Muslim village.
Islamic authorities said that they separated the couple after they recently found out that she was a Muslim.
“I have had discussions with my husband … with regard to the predicament facing the both of us, and I hereby state that I was born a Muslim and I wish to continue professing the Islamic faith,” Raimah said in an affidavit to the court.
Marimuthu has said that Raimah, an ethnic Indian, was adopted by an Indian Muslim family but was a practicing Hindu.
They were married 21 years ago according to Hindu rites and raised their seven children, aged four to 14, as Hindus, he said.
Raimah’s case comes amid growing sensitivities over the rights of non-Muslims in Malaysia.
Rights groups have condemned the actions of the Islamic authorities, saying that freedom of religious practice is guaranteed in Malaysia’s constitution.
“Relationships should not be broken up by religion, which is supposed to foster family love and unity,” said DAP parliamentary opposition leader Lim Kit Siang.
(3) Gulfnews.com
Published: 04/05/2007 12:00 AM (UAE)
Hindu man in Malaysia gets custody of children born to Muslim wife
AP
Kuala Lumpur: Authorities in Malaysia gave a Hindu man married to a Muslim woman custody of their children yesterday, in a landmark decision for minority rights, after the couple had been forcibly separated citing their religious beliefs.
The decision was announced at an emotional hearing in the High Court attended by the ethnic Indian couple, Marimuthu Periasamy and Raimah Bibi Noordin, both rubber tappers who had been happily married for 21 years.
The case is the latest in a series of conflicts involving the religious rights of minority groups that is straining ties in multi-ethnic Malaysia, where Islam is the dominant religion.
Authorities took away Raimah Bibi and six of her seven children for counselling on April 2 on the grounds that her marriage with Marimuthu was illegal.
At the hearing on Tuesday, Raimah Bibi, 39, broke down and sobbed openly when the judge asked her if she would give up custody of her seven children, who are aged between four and 14. “Yes, I agree to surrender my children.”
Marimuthu had filed an application demanding that the Islamic Affairs Department bring his wife and children to court. The department indicated that the couple could not be allowed to live together because Marimuthu did not convert to Islam as required by law for their marriage to be legal.
Government lawyer Zauyah Be Loth Khan said there was no objection to the children being raised as Hindus by the father.
“It would set a precedent for other cases,” said the 43-year-old Marimuthu’s lawyer, Karpal Singh.
“What is very sad is that a happy united family has been divided and has faced such a crisis,” said Lim Kit Siang, opposition leader.
Malaysian religious law splits wife and children
- Officials force apart Hindu man and Muslim woman
- High court judge backs custody bid of father
Ian MacKinnon, South-east Asia correspondent
Friday May 4, 2007
The Guardian
A Muslim woman forcibly separated from her Hindu husband by Malaysia’s Islamic authorities after 21 years of happy marriage wept inconsolably yesterday after a judge endorsed her decision to hand custody of six of her seven children to her former spouse.
In an unprecedented move for Malaysia – where Islamic religious laws are strictly enforced – the children, aged four to 14, will be raised as Hindus despite being born to a Muslim mother. Last month Selangor state’s Islamic authorities took Raimah Bibi Noordin, 39, and her children away for “rehabilitation” and religious counselling after belatedly declaring that her marriage was illegal.
The couple cannot live together because the husband did not convert to Islam as required by law for their marriage to be legal. In a country where 60% of the population is Muslim, the law also stipulates that the children must be brought up to observe Islam. Anyone born into a Muslim family cannot legally convert.
But Mrs Raimah Bibi’s husband, Marimuthu Periasamy, 43, applied for custody of the ethnic Indian couple’s children after they and his wife were removed to a Malay Muslim village. He said he feared his children would be brainwashed.
In yesterday’s emotional high court hearing west of the capital, Kuala Lumpur, Mrs Raimah Bibi, who wore traditional floor-length Malay garb with a Muslim headscarf, agreed to give up her children voluntarily to end the standoff. “I agree to hand over the custody of my children to my husband to be raised as Hindus,” she said, before bursting into tears.
The couple were married according to Hindu traditions and brought up their children in the Hindu faith.
Mr Marimuthu claimed his wife had been adopted by an ethnic Indian Muslim family but that she was a practising Hindu and her old identity card categorised her as an Indian Hindu. But when she applied for a new identity card this year, the government listed her as a Muslim, he said.
However, an affidavit read to the court earlier Mrs Raimah Bibi contradicted her husband’s testimony. “I have had discussions with my husband … with regard to the predicament facing us,” it said. “And I state that I was born a Muslim and wish to continue professing the Islamic faith.”
A Malaysian government legal adviser, Zauyah Be Loth Khan, said that Selangor’s Islamic affairs department had raised no objections to the children being raised as Hindus, adding that Mrs Raimah Bibi would have the right to visit at any time .
Despite the eventual outcome, the case highlights growing disquiet about the legal rights of non-Muslims in Malaysia, even though religious freedom is enshrined under the constitution.
Lim Kit Siang, an opposition leader, said. “For this to happen to a couple that has lived together for 21 years as a result of a religious conflict is not good for our international image.”