Father challenges decision on daughter’s religion

[north_malaysian]

Father challenges decision on daughter’s religion

Thursday March 5, 2009

By SARBAN SINGH

SEREMBAN: A carpenter will appear in the Syariah High Court today to challenge the conversion of his 15-month-old daughter.

Hoo Ying Soon, 28, is questioning the State Islamic Affairs Department’s decision to allow the conversion and the court for giving interim custody of Hoo Joey to his wife, Chew Yin No, 23, who has adopted the name Siti Zubaidah Chew Abdullah.

Hoo, from Taman Orkid in Mantin, is also concerned that his daughter’s Muslim name, Nurul Syuhada Chew Abdullah, did not have his surname.
The couple, both Buddhists, married on Feb 14, 2007.

Hoo said he had been estranged from his wife for the past six months and was shocked to know that Chew had converted through a notice issued by her lawyers on Tuesday night.

“My wife and I had been separated for a couple of months now but I had no knowledge that she wanted to embrace Islam,” he told The Star.

He said he has no problem if his wife wanted to convert but it was not fair to convert their daughter.

“Isn’t it more appropriate for the department to wait till my wife and I are officially divorced and see who gets the custody of our daughter before deciding if she should be converted to Islam or remain a Buddhist?,” he asked.

Hoo’s lawyer Jay Son Tang said his client would seek the services of a Syariah lawyer for today’s hearing.

“We will adhere to the order by the Syariah High Court.

“In fact, we have also filed a case in the High Court as the marriage was conducted based on civil law,” he said.

Jay said the department’s decision to allow the girl’s conversion was akin to “putting the cart before the horse”.

He said Chew converted the daughter on Feb 3 and told no one about it.
“She returned the girl to Hoo but came back on Feb 18 and took the girl away,” he said.

Jay added that based on court documents, Chew converted to Islam on Jan 28.

http://thestar.com.my/news/story.asp...955&sec=courts

[Whatsthepoint]

Se can raise her children the way she wants.
As for teh name change, it's a silly legal thing I guess.

[north_malaysian]

according to Malaysian family law, for non-Muslims, a minor follows her father's religion...

according to Malaysian Islamic family law, when a wife converted to Islam, she must be divorced from her non-Muslim husband and get the custody over the child.. so the child would followe the mum's faith.

We have two sets of laws and two sets of courts which cant interfere each others..

[north_malaysian]

As for teh name change, it's a silly legal thing I guess.

It's not compulsory to change the name, I've known of some Chinese and Eurasian reverts who still use their original names.

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[Dawud_uk]

according to Malaysian family law, for non-Muslims, a minor follows her father's religion...

according to Malaysian Islamic family law, when a wife converted to Islam, she must be divorced from her non-Muslim husband and get the custody over the child.. so the child would followe the mum's faith.

We have two sets of laws and two sets of courts which cant interfere each others..

hense the problems, either Allah's law is correct and we follow the shariah or we dont, but heay at least you got some aspects of shariah law there, better than nothing at all like some countries.

[north_malaysian]

hense the problems, either Allah's law is correct and we follow the shariah or we dont, but heay at least you got some aspects of shariah law there, better than nothing at all like some countries.

Both parents used different jurisdictions for the poor kid's religious background...

[Azy]

It's a given that each parent would teach the child the ways of his/her own religion but how can you decide that the child is a Muslim or is a Buddhist at 15 months old?

[north_malaysian]

It's a given that each parent would teach the child the ways of his/her own religion but

The mum petitioned for a divorce

how can you decide that the child is a Muslim or is a Buddhist at 15 months old?

Religious affiliation is important in Malaysia as it must be stated in the ID Card, Birth Cert, Bank account, Insurance Policy... almost all kind of forms (both for public service and private companies) ask the religious affiliation and ethnic group...

on ID Card only religious groups like Islam, Hinduism, Buddhism, Christianity and Confucianism are mentioned... for those who are not in any of thie religious group... it'll be left blank...

[Azy]

Religious affiliation is important in Malaysia as it must be stated in the ID Card, Birth Cert, Bank account, Insurance Policy... almost all kind of forms (both for public service and private companies) ask the religious affiliation and ethnic group...

Yes but whether that information is needed or not isn't going to change that a 15 month old isn't religious.

[czgibson]

Greetings,

It's a given that each parent would teach the child the ways of his/her own religion but how can you decide that the child is a Muslim or is a Buddhist at 15 months old?

I agree. Labelling a child by religion at such an age is utterly bizarre.

Peace

[salamfromrom]

I wish that Allah(swt) guides that girl to islam and she follows it from the heart when she grows up, and not just follows the deen because someone forces it upon her. Islam is from the heart, we do not want hypocrites. :-)

Salam a leikum

[Tara x]

SALAM
the kids only 15 months old!! wait until she is older also the mother should be able to raise her children as she wishes
x

[Zahida]

:sl: This is a tricky one.............. If Shariah Law is applied the father gets custody of the child at a certain age........... Please correct me if i am wrong, but if the mother is bringing the child up she should be allowed to teach her and bringher up according to the religion she believes in............. Ameen:w::smile:

[Dawud_uk]

:sl: This is a tricky one.............. If Shariah Law is applied the father gets custody of the child at a certain age........... Please correct me if i am wrong, but if the mother is bringing the child up she should be allowed to teach her and bringher up according to the religion she believes in............. Ameen:w::smile:

:sl:

usually this is correct when muslim marriages break down, but in this case no it wouldnt as a kaffir cannot have authority over a believer in a shariah based state.

[Malaikah]

Wow, I thought it was 15 years old and I was utterly baffled that no one pointed out that the girl was old enough to choose for herself!

[north_malaysian]

:sl:

usually this is correct when muslim marriages break down, but in this case no it wouldnt as a kaffir cannot have authority over a believer in a shariah based state.

Yes... but they're not divorced yet... so under civil law currently the child should follow the religion of the father...

In Islam, if the wife converted to Islam the marriage with a non-Muslim husband is automatically revoked... but I read the family laws books that Shariah Court in Malaysia would not revoke the marriage automatically when the wife converted to Islam as she has to file divorce petition in civil court...

[Pygoscelis]

Right now that child belongs to the faith we all belong to at that age. Belief in a higher power yes, but it isn't called God, its called mommy and daddy.

[north_malaysian]

Belief in a higher power yes, but it isn't called God, its called mommy and daddy.

But the mom want a divorce...

[Dawud_uk]

Yes... but they're not divorced yet... so under civil law currently the child should follow the religion of the father...

In Islam, if the wife converted to Islam the marriage with a non-Muslim husband is automatically revoked... but I read the family laws books that Shariah Court in Malaysia would not revoke the marriage automatically when the wife converted to Islam as she has to file divorce petition in civil court...

and there is the problem of having kufr law alongside shariah law, only Allah has the right to legislate not mankind.

[Zahida]

:sl:Thankyou brother, I just wondered how this would work, beacuse it is in Malaysia and i am not aware of how the state runs there. This makes sense, but is Malaysia a shariah based state?????????:w::thankyou:

:sl:

usually this is correct when muslim marriages break down, but in this case no it wouldnt as a kaffir cannot have authority over a believer in a shariah based state.

[Zahida]

:sl: ^^^^^^ You are Sooooooooo right but mummy and daddy at the moment are not being very fair to the child!!!:w::D

Right now that child belongs to the faith we all belong to at that age. Belief in a higher power yes, but it isn't called God, its called mommy and daddy.

[north_malaysian]

and there is the problem of having kufr law alongside shariah law, only Allah has the right to legislate not mankind.

the problem is that 40% of the population are non-Muslims and it's unfair if they have to follow a legal system which they dont believe in...

[north_malaysian]

but is Malaysia a shariah based state?????????:w::thankyou:

nope

Article 4

1. This Constitution is the SUPREME LAW of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void.

Article 4 (1), Federal Constitution of Malaysia

[Dawud_uk]

the problem is that 40% of the population are non-Muslims and it's unfair if they have to follow a legal system which they dont believe in...

shariah was used in yemen where the vast majority of the people were non-muslims, only the rulers were muslim. other nations also during the history of islam,

i dont believe in kufr law but i am forced to try not to break the law here in the uk.

[cihad]

the child is born pure anyway so theres no need to convert her