In a landmark decision of the Court of Appeal, mother R Subashini, a Hindu, was told by the court that she had to seek recourse through the Syariah Court to stop her estranged and Muslim-convert husband from dissolving their marriage in the Islamic court, and converting their children to Islam without her permission.
This, we feel, is a great injustice and an infringement of our basic human rights - to subject a non-Muslim to Muslim laws although we have legitimately constituted laws to govern us, the Federal Constitution.
Recently, the number of such cases are on the rise and the improper handling of each of them has given rise to great anxiety among non-Muslim communities in the country. The decision in the Subashini case has increased our fears and dampened the hopes for a fair hearing of our inter- religious conflicts. If the civil courts that are instituted to protect the rights of non-Muslims fail us, then where do we go next to obtain justice?
The ordinary citizen has nowhere to turn to for justice except the judiciary and if the institution that is established to grant him justice fails, it would be a great tragedy not only to the person who seeks justice but also to the institution itself. Judges must base their verdict on the law as provided for in the Federal Constitution and not on emotions and personal convictions.
The Federal Constitution is the highest law of the land and all other laws should are constituted based on its provisions and therefore should not supercede it for whatever reason. Everyone regardless of his race, creed or social status should respect and abide by the provisions of this supreme law of the land. If any group is allowed to go against these provisions, there is real danger of the nation falling into a state of lawlessness that will only lead to chaos.
The judiciary must safeguard the trust placed in it to mete our justice for all citizens, without fear or favour. It should at all times be guided by the provisions of the Federal Constitution and not personal believes and convictions.
The proactive move of the Malaysian Consultative Council of Hinduism, Buddhism, Sikhism, Christianity and Taoism (MCCBCHT) to encourage nationwide prayers and create awareness of our rights should be supported by all peace-loving citizens, Muslims and non-Muslims alike.
We must put aside our differences to come together to resist the rule by emotion which are threatening to take over the reins of power not only in the judiciary but also in the nation as a whole.
