KUALA LUMPUR, MALAYSIA, December 27, 2007: A Hindu woman has had her attempt to stop her estranged husband from divorcing her in an Islamic court, and converting their youngest son to Islam, thwarted by Malaysia’s highest court. Subhasini also wants a divorce but says it should be decided in a civil court.
The federal court rejected her request on a technicality, leaving the option of another attempt. The court said that as a principle, marital disputes involving a converted Muslim spouse and a non-Muslim partner should only be decided in a civil court and not in the sharia court. But at the same time, the court said Subhasini’s husband has the right to approach the shariah court to seek redress.
In Malaysia marriages between Muslims and non-Muslims are forbidden. Therefore, once a spouse converts to Islam, the union is broken in the eyes of Islamic courts. Civil-rights groups have voiced fears that minority rights have become subordinate to Islamic jurisprudence because of a series of rulings that have gone in favour of Muslim spouses.
Nik Hashim Nik Abdul Rahman, one of the two judges who dismissed the case, said: “The civil and sharia courts cannot interfere with each other’s jurisdiction.” There was one dissenter on the verdict.
You can read the Press Release of the Malaysia Hindu Sangam commenting on this case here.