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©New Straits Times (Used
by permission)
by V.Anbalagan
SHAH ALAM: In an about turn, tapper P. Marimuthu will be reunited with his
six children today, a month after they were allegedly taken away by the Selangor
Religious Department (Jais) officials.
This came about after Marimuthu and his companion, Raimah
Bibi Noordin, reached a settlement at the High Court yesterday.
The tapper will now raise his children in the Hindu faith, while Raimah, in
return, was given visiting rights.
It has now emerged that although Marimuthu and Raimah spent 21 years together
and had seven children, they were not legally married.
In court yesterday, Raimah, 39, said she was a born Muslim and would remain one.
Clad in baju kurung and wearing a head scarf, she broke down
when judge Datuk Su Geok Yiam asked her whether she was prepared to give up
custody of the children.
"Yes, let him raise them," she said, through an interpreter.
Marimuthu, who was also in court, was in tears.
After the proceedings, the couple spoke to each other while holding hands before
Raimah left with Jais officials.
Earlier, Karpal Singh, who appeared for Marimuthu, told the court that the
parties had worked the "Solomon’s justice" arrangement, referring to the
biblical story of King Solomon settling a dispute between two women over a baby.
Karpal then said Marimu- thu would withdraw his habeas corpus application,
bringing to an end the dispute of the religious status of the children.
Selangor state legal adviser Datuk Zauyah B. Loth Khan, who appeared for the
department, said they would not object to the agreement.
She, however, pointed out that Raimah and the children were not illegally
detained.
On April 19, Marimuthu, filed a habeas corpus application, claiming that his
family members were Hindus and that the department had no authority to detain
them.
He alleged that Raimah and the children Yoogenaswary, 12, Paramila, 11,
Hariharan, 8, Ravindran, 6, Shamala, 5 and Kaberan, 4 were being held unlawfully
by the department.
The couple have seven children.
The oldest, a 14-year-old boy was not at their Kampung Baru Tambahan home in Ulu
Yam when Jais officials came to take the family away.
Raimah and six of her children were housed in Kampung Melayu Liga Emas in Batang
Kali, Selangor.
It was then that Marimuthu sought legal redress, claiming that his "wife" and
children were Hindus and that they were being detained by Jais who wanted to
convert them.
Raimah, however, in an affidavit filed yesterday, said she and the children left
their house on April 2 on their own free will, as Marimuthu had forced her and
the children to practise the Hindu faith.
She said in March this year, she went to the Lembaga Zakat Selangor branch
office in Kuala Kubu Baru with a relative to inform them of her predicament.
Raimah said she left the house with the children as officers from the department
were acting on her complaint.
Zauyah later said the authorities would assist Raimah to find a job.
Marimuthu said he would rely on his older children to take care of their younger
siblings while he was away at work.
"We will not shift house. This will make it easier for Raimah to visit our
children."
Relief for most quarters
KUALA LUMPUR: There was a general sense of relief when P. Marimuthu’s
children were finally returned to him, although experts lamented the lack of
legal clarity over unions of mixed faiths.
Suhakam commissioner Datuk N. Siva Subramaniam said common
sense had prevailed as far as the issue was concerned.
"The matter has been settled amicably between the two parties concerned. As long
as we are transparent, fair and not overzealous in our decisions, we can live as
united Malaysians."
Bar Council chairman Ambiga Sreenevasan said she was pleased that both parties
involved had come to an agreement in the interest of their children.
"Of course, the consent alone doesn’t resolve the legal matter. The law remains
uncertain in relation to such matters," Ambiga said.
Universiti Teknologi Mara’s Professor Dr Shad Saleem Faruqi
said there were no firm rules in cases like Marimuthu’s.
He said the law was inadequate to deal with a situation where one party is a
Muslim and the other a non-Muslim.
"Raimah Bibi Noordin’s situation is very sad because she married for love but
due to her religious status, she cannot register her marriage.
"If she wants to reunite with her husband, he must convert or she must formally
renounce Islam. Whether or not she wants to now is a different issue."
Women’s Aid Organisation executive director Ivy Josiah said she hoped the
settlement had not been brought about under duress.
"I believe that at a human level, a woman should have the right to be with her
husband of choice and a mother to her children at all times."
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