KUALA LUMPUR: The Bar Council's forum on religious conversion will proceed as
planned.
Council vice-chairman Ragunath Kesavan said the council would
continue with the forum despite Home Minister Datuk Seri Syed Hamid Albar's
reservations about it.
"The issue to be debated involves the rights of parties which have not been
clarified by the Federal Court," he said, adding that it did not matter if the
apex court was right or wrong in the matter.
Ragunath said a court ruling could be debated in a democratic society like
Malaysia and that the body would not succumb to pressure on the matter.
He said it was not proper that problems faced by families in such situations be
swept under the carpet.
"It is not proper that discussions and forums organised to
address such concerns be disparaged, on the pretext that such forums can provoke
misunderstanding."
Ragunath was responding to a statement by Syed Hamid that any dialogue or debate
that could stoke racial sentiments and instil hatred should not be held.
The forum, entitled "Conversion to Islam: Article 121 (1A) of the Federal
Constitution, Subashini and Shamala Revisited," will be held at the council
headquarters here.
Ragunath said the problem would not go away if there was no open discussion and
instead would only breed dissatisfaction, rumour mongering and hatred.
He said the council had invited all stakeholders to get a balanced view and a
better understanding on the subject.
A representative of the Institute of Islamic Understanding of Malaysia (Ikim)
and lawyer, Mohamed Haniff Khatri Abdullah, who appeared for the Kuala Lumpur
Religious Council in a conversion case, and two other constitutional lawyers
have confirmed their participation.
Ragunath said the council was not questioning Article 121 (1A) of the Federal
Constitution conferring jurisdiction to Syariah Courts.
"Our concern is that there are increasingly more families caught up in the
conflict of laws arising from the conversion of one spouse to Islam.
"This issue must be addressed and we must all work to seek an acceptable
solution for all concerned parties."
On Dec 28 last year, the Federal Court held that a High Court had the authority
to hear the matrimonial dispute in a non-Muslim marriage even if a spouse had
converted to Islam.
In Aug 2006, R. Subashini filed a divorce petition in the High Court after T.
Saravanan, whose Muslim name is Muhammad Shafi Abdullah, had gone to a syariah
court to dissolve the civil marriage and gain custody of their son.
She then filed an injunction in the High Court to restrain Saravanan from
annulling their marriage.
In the case of S. Shamala, the High Court had placed her two sons under her
custody, pending the divorcee's petition against her husband, Dr M. Jeyaganesh,
whose Muslim name is Muhammad Ridzwan Mogarajah.
The court instructed her to refrain from propagating her religious practice on
her children pending the outcome of the petition.
It was reported in late 2002 that Shamala had left the country, taking her
children, Saktiswaran, then 5, and Theiviswaran, 3 years and 8 months old, with
her.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).
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Circular No 019/2012: Change of Address for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan
