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Statement by CFM on the Subaishi v Saravanan case
The Christian Federation of
Malaysia views with great concern the recent
decision of the Court of Appeal in the case of
Subashini v. Saravanan, where she, although a
non-Muslim, was urged to submit to the jurisdiction
of the Syariah courts to seek recourse from the
break-up of her family, when her husband converted
to Islam.
It is troubling to note, and
indeed of great concern to all Malaysians, that what
is clearly stated in the Federal Constitution, that
the Syariah courts shall have jurisdiction only over
persons professing the religion of Islam [Schedule
9, List 11(1)], is now being extended, by the court
decision, to include non-Muslims.
The Christian Federation of
Malaysia respects the Federal Constitution to be the
supreme law of the country [Art 4 (1)], and
therefore, it must guarantee the right of all
non-Muslim Malaysian citizens to find justice served
in the civil courts of the country.
In view of this development, the
Christian Federation of Malaysia joins with all
other likeminded Malaysians in raising our concern
to the government. Decisions like this impact
negatively on the social fabric of Malaysia.
We therefore, call on all elected
members of Parliament to do everything within their
means to defend our Constitution, and to safeguard
the right of non-Muslim citizens to find remedy and
justice in the civil courts in matters pertaining to
civil rights and liberties.
Bishop Paul Tan Chee Ing, SJ
Chairman
The Executive Committee
Christian Federation of Malaysia
Dated : 22nd March 2007 |