Put law before feelings, interfaith panel tells IGP
Published: Jun 12, 2014 3:43 AM | Updated: Jun 12, 2014 4:43 AM
A Malaysian interfaith council has expressed “dismay” over inspector-general of police Khalid Abu Bakar’s refusal to enforce the law in a child custody case.
A Malaysian interfaith council has expressed “dismay” over inspector-general of police Khalid Abu Bakar’s refusal to enforce the law in a child custody case.
Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) president Jagir Singh said that the police force’s only guide is the law and not personal feelings.
“The police force should be colour-blind and act professionally, setting aside any personal feelings that they may have to uphold the rule of law.
“This will also gain the police the trust of the people,” he said in a statement.
Jagir (right) was commenting on Khalid’s stand that the police will follow neither the syariah or civil court orders when it comes to child custody disputes between Muslim and non-Muslim parents.
Khalid had said that cops will take the middle path, that is by placing the children in child care centres so both parents can visit.
He was commenting on two custody battles involving Hindu mothers and Muslim fathers.
In both cases, the civil court had awarded custody to the mothers but police refused to act by returning the children who were taken by their fathers to the mothers.
‘Trauma to children’
“Taking children away from a mother’s custody and putting them in... centres would be a grave tragedy and will also challenge High Court custody orders.
“It would also cause a great trauma to the children to be put in... centres,” he said.
Jagir also pointed out that in both the cases, the marriages were registered in the civil court and as such any dispute resulting from the marriage should be dealt with there.
He added there have been previous judgments which state that the syariah court is inferior to the civil court.
He said that the Supreme Court in 1994 also ruled that where one party converts to Islam “his legal obligations under a non-Muslim marriage cannot be extinguished or avoided by his conversion to Islam”.
“This means he must still go back to the civil court to settle divorce and matrimonial issues including custody of children,” Jagir said.
Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) president Jagir Singh said that the police force’s only guide is the law and not personal feelings.
“The police force should be colour-blind and act professionally, setting aside any personal feelings that they may have to uphold the rule of law.
“This will also gain the police the trust of the people,” he said in a statement.Jagir (right) was commenting on Khalid’s stand that the police will follow neither the syariah or civil court orders when it comes to child custody disputes between Muslim and non-Muslim parents.
Khalid had said that cops will take the middle path, that is by placing the children in child care centres so both parents can visit.
He was commenting on two custody battles involving Hindu mothers and Muslim fathers.
In both cases, the civil court had awarded custody to the mothers but police refused to act by returning the children who were taken by their fathers to the mothers.
‘Trauma to children’
“Taking children away from a mother’s custody and putting them in... centres would be a grave tragedy and will also challenge High Court custody orders.
“It would also cause a great trauma to the children to be put in... centres,” he said.
Jagir also pointed out that in both the cases, the marriages were registered in the civil court and as such any dispute resulting from the marriage should be dealt with there.
He added there have been previous judgments which state that the syariah court is inferior to the civil court.
He said that the Supreme Court in 1994 also ruled that where one party converts to Islam “his legal obligations under a non-Muslim marriage cannot be extinguished or avoided by his conversion to Islam”.
“This means he must still go back to the civil court to settle divorce and matrimonial issues including custody of children,” Jagir said.
View Comments0