By Debra Chong
Feb 02, 2012
Raus chaired a five-man row which motionless upon a issue.
An Indian Malaysian father of three, Zaina Abdin Halim @ S. Maniam, who has been spoken a Muslim upon his temperament card, has been seeking to have a National Registration Department (NRD) set upon it off since 2002.
Fahri Azzat , lawyer for a litigant, toldThe Malaysian Insidertoday: "If a person's mom as good as father have been Muslims, which provision under territory 2 of a Selangor State Enactment restraints a chairman from professing a conviction of choice."
Born of an racial Indian father as good as a Malay Muslim mother, a Zaina Abdin has pronounced in justice papers which he was raised to be a Hindu as good as has brought up his 3 young kids in a sacrament their total lives.
In a sworn statement, he has put his real name down as Balachandran son of S. Maniam, taking a evidence from his father's name prior to a latter embraced Islam to marry.
The supervision agency, however, has refused to concede Zaina Abdin, additionally known as Balachandran, to shift his religious status, based upon a provision of a Selangor State Enactment connected with Islamic affairs.
Under territory 2 of a state Islamic law, young kids of Muslim relatives have been automatically deemed to be Muslim as well.
As such, Zaina Abdin aka Balachandran would have to request to a Syariah Court to renounce he is Muslim as good as turn an apostate. He maintains he is not an apostate.
The dis! sapoint contractor charges which territory 2 is opposite a simple principles of a Federal Constitution, a country's top law, privately Article 1(1), which states: "Every chairman has a right to confess as good as practise his sacrament as good as subject to Clause (4), to propagate it."
Clause 4 states which state law as good as in a cases of Kuala Lumpur, Putrajaya as good as Labuan, sovereign law, might control or restrict a propagation of any religious doctrine or idea between persons professing a sacrament of Islam.
But a five-man row of judges in a Federal Court unanimously motionless which it was not a correct platform to establish a person's religious position as good as returned a box to a High Court for a hearing.
"We have been unanimous which this box is not a suitable box to be referred to us under territory 84 of a Courts of Judicature Act.
"The contribution [of a case] have been in dispute," pronounced Court of Appeal boss Tan Sri Raus Sharif, who chaired a Bench.
The crucial actuality of a box rests upon either Zaina Abdin aka Balachandran is Muslim or Hindu, as he claims.
Both a man's lawyers as good as supervision lawyers have been during contingency upon this a single simple fact, agreeing usually which by operation of a law Zaina Abdin aka Balachandran is Muslim, which is a latter's dispute.
The Federal Court destined a box be listened upon its merits in a High Court.
K. Shanmuga, aAnother lawyer for Zaina Abdi aka Balachandran, told reporters his customer was disappointed by a Federal Court preference after a 10-year wait which would have postulated him being final in a matter.
The lawyer added which a 3 children, who were minors when a box was initial filed in 2002, were now adults of marriageable age.
He pronounced a Federal Court preference would additionally affect a trio, who similar to their father, had sued a sovereign government, a Selangor supervision as good as a Se! langor I slamic Council, to seek a same simple rights.
"Now, we can usually go back to a High Court as good as ask for an early conference date," Shanmuga said.
More Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
Courtesy of Bonology.com Politically Incorrect Buzz & Buzz
No comments:
Post a Comment