Let’s wait for Federal Court decision

I AM disappointed with the emotional slant of your comment on the M. Indira Ghandi case, “Islamic law affects all of us” (Sunday Star, Jan 10).

Such emotionalism is not just and can lead to further unhealthy thoughts and feelings about the dispensing of justice and laws in Malaysia.

It is always the press, I thought, that can be the moderating influence in a thorny issue like this.

Firstly, you have painted a picture of heartless judges. By starting at length about the fictitious performance of a Chinese judge from a television series, the message you are trying to portray is that the judges concerned are heartless or even thoughtless in dispensing justice.

You do not realise that judges in dispensing justice are guided by many factors and practices. It is totally unfair to equate them to Judge Bao.

Judges, being independent, have to dispense justice with many constraints, the most important of which is the concept of precedence. Please read their judgements before making your comments.

Since the matter is now with the Federal Court, let it make a decision before passing judgement via your comment.

The Federal Court can make and will make whatever decision it has to in dispensing justice.

Years have passed and circumstances have changed and the relevant justices will do their best in dispensing justice in this country compared to the time the precedent was made.

Secondly, it is wrong to say non-Muslims have no right to contest Syariah decisions in Syariah courts.

It does not help in creating mutual understanding. You are even questioning their competence, fairness and suitability to hear the case. This is an affront to the Syariah judges.

Islamic law affects non-Muslims if you seek refuge under it, as

what some would-be converters intend to do. Don’t blame Syariah laws.

Thirdly, if you wish the court to reflect public opinion then you are wrong at directing your criticism at them.

Laws are made by the Government via Parliament. You should direct the criticism at the Government for allowing the matter to fester.

Things like interpretation of gender or otherwise (parent) is an issue of drafting in the context of the circumstances then.

It may also be a drafting issue but it doesn’t have to do everything with “heartless judges”.

Finally, I would like to end with my earnest plea to the Islamic conversion authorities, please do your due diligence before undertaking a conversion.

As in many cases of conversion, it may have ulterior motives. Islamic authorities should insist that all domestic issues between husband and wife be resolved under their respective religious or civil laws. Islam is not a place for non-Muslims to seek refuge to solve their domestic issues through conversion.

ABDUL KARIM TARMIZI

Kuala Lumpur

Editorial note: Nowhere in the said article has it been said that our judges are heartless or even thoughtless. The focus of the article was to convey the message that given the position taken by the Court of Appeal, Indira was put in a situation where the law did not provide any remedy for her, a situation that should not exist.