An important judicial review

02 August 2010 By Peter Young | TinyURL TM

Indira Gandhi, a Hindu kindergarten teacher, has been enduring a mental, emotional and legal battle since her husband K Pathmanathan became a Muslim and took the name Mohd Rizduan. It may be a long time, (or possibly never!), before a peace treaty can be signed.

And what about the well-being of the three children, Tevi Darsiny, 13, Karan Dinish, 12, and Prasana Diksa, 2, last March, whom the husband converted to Islam? There have already been four different legal decisions (involving both the civil and syariah courts) concerning the custody of the children and on March 11 2010, Indira was granted custody of their youngest child. On April 1, the father failed in his application for a stay of the order. However, Prasana Diksa has still not been returned to her mother. It is alleged that the authorities are not helping to assure that the court order is executed.

Indira Gandhi applied to the High Court for a judicial review to quash her 3 children’s conversion to Islam by her estranged husband without her consent. Justice Zainal Adzam Abdul Ghani granted Indira Gandhi’s application for a judicial review.

This tragic situation brings to the fore both the conflicting powers of the civil and syariah courts when it comes to the custody of the children after a spouse converts to Islam, and also the important question concerning the religion of the children when the parents hold different beliefs.

As we pray earnestly for all those who will be involved in the judicial review, we do well to remember what the psalmist tells us about God, the Father of Jesus Christ; ‘Righteousness and justice are the foundation of your throne; love and faithfulness go before you.’ (Psalm 89:14)

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