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HINDRAF URGES GOVERNMENT TO ADDRESS ABDICATION OF POWERS BY JUDGES TO INFERIOR SYARIAH COURTS.

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HINDRAF urges the Government to prove it is a strong and stable government committed to uphold fundamental human rights in light of the total abdication of powers by the pathetic Malaysian Judiciary which has lost confidence amongst the 45% Non-Muslim citizens of the country that justice will ever be served in resolving complicated and unconstitutional conversion of minors in this country.

The judiciary has clearly been unable to ensure that the most fundamental issues of minorities and morality should be addressed as issues of pure law and principle and not political influence / institutional power/ defective/unconstitutional legislatives.

By their abdication of powers, they have allowed great agony to families and humanity to be destroyed. The judiciary meant as the last bastion on the hybrid of legal and moral reasoning has constantly failed to take bold steps to put to sleep these similar conversion issues to ensure the fundamental liberties and minority rights protected in the Federal Constitution are safeguarded and forever inures to the Malaysian people as a whole, for their benefit.

Pure legal questions on the true meaning and intentions of the amended Article 121 (1) (A) and the meaning of the “parent” under Article 12(4) of the Federal Constitution has been given a biased and distorted interpretation. HINDRAF urges the Government to take bold action in implementing the Cabinet directive issued in 2009 that prevented unilateral conversion of minors.

The Government ought to push forward its proposed amendments to the Law Reform (Marriage and Divorce) Act 1976 and the respective state Islamic Family Law Acts to ensure that issues like child support and custody would be determined by the court in which the marriage had been registered in, regardless if one spouse embraces another religion later on.

HINDRAF also urges the Government to table amendments to the Federal Constitution to once and for all clarify the ambiguity in Article 12(4) and Article 121 (1) (A) of the Federal Constitution to confer equal rights to Muslims and Non-Muslims and for declaration that the Syariah law is an inferior law to the civil law and was purely meant to adjudicate personal Islamic law as assured in the Parliamentary statement by former Prime Minister Mahathir Mohammad and does not supersede the fundamental human rights enshrined under the constitution.
Till this is done Malaysians will never have equal access to the Civil Justice system.

HINDRAF reiterates this is not an issue about religion or religious superiority. This is a pertinent question whether the Government would accept constant abuse of the vague provisions of the laws of the land and the constant abdication of its jurisdictions by Judges.

The Government must accommodate the noble pursuit of a just society failing which it is nothing but a failed Government which condones an unjust society that aspires to justice.

P.Waytha Moorthy
Chair
HINDRAF
5th January 2016