Prominent human rights lawyer Siti Kasim has strongly criticized the police for their continued hesitation in enforcing civil court rulings, especially in cases involving the unilateral religious conversion of children by one parent without the consent of the other. She emphasized that this reluctance undermines the rights of non-Muslim mothers and goes against the principles of justice.
Citing high-profile cases such as those of Loh Siew Hong and Indira Gandhi, Siti argued that the federal government must urgently direct state authorities and law enforcement to uphold civil court decisions. The frequent excuse of conflicting jurisdictions between civil and Syariah courts, she said, is no longer acceptable.
While clarifying that she is not demeaning Islamic law, Siti pointed out that Syariah courts operate under the framework established by civil law. Therefore, civil court authority must be respected, especially in matters involving marriages and divorces solemnized under civil law. She maintained that once a marriage is registered under civil law, any subsequent legal matters—including custody disputes—must also be resolved in the civil court, regardless of one party’s religious conversion.
Siti voiced concern that converted spouses might be exploiting the religious system to gain custody, knowing that authorities often side with Muslim converts, both morally and financially. She warned that this not only causes prolonged distress for mothers and children but also raises questions about the misuse of religion for personal gain.
Despite these challenges, Siti acknowledged the positive steps taken by the judiciary, noting that recent rulings have been more aligned with protecting the welfare of children and non-Muslim parents. This, she said, restores public confidence in the legal system.
She also referenced Chief Justice Tun Tengku Maimun Tuan Mat’s views on maintaining the independence of the judiciary. Siti highlighted the risk of political interference in judicial appointments, which could compromise the impartiality of future rulings. Without clear boundaries between the legislative, executive, and judicial branches, the rule of law remains vulnerable.
To prevent future misuse of religious conversion in custody battles, Siti urged the federal government to introduce comprehensive legislation. This, she said, would eliminate ambiguity and stop state governments or religious authorities from infringing on the rights of affected families.
She emphasized the urgent need to codify legal procedures to ensure justice for non-Muslim parents caught in these emotionally and legally complex situations.
Information Source: Focus Malaysia
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