MCCBCHST PRESS STATEMENT

One year has passed, yet still there is no access to justice.

One year ago, on 20^th December 2005, our national hero Sergeant Moorthy Maniam passed away. As we know, his family then became involved in a legal tussle that ended with Moorthy being buried as a Muslim by strangers to him. His widow was never given an opportunity to see the documents which allegedly showed his conversion to Islam.

What was most shocking to ordinary Malaysians was that the widow could not even get her day in Court, when she was denied an opportunity to prove in the civil courts that at the time of his death Moorthy was a person professing the religion of Hinduism.

It has now been one year since Moorthy’s untimely death.

In that one year, we have seen at least 4 other cases reported in the media (many more go unreported) where families have been in a legal tussle with the Islamic authorities relating to the bodies of their loved ones: Nyonya Tahir, Kandasamy Sayappu, Chandran Dharmadass and most recently Rayappan Anthony.

The recent trend is for the authorities to ask the families to go to the Syariah Court to give evidence in order for the Syariah Court to determine whether the deceased was “a Muslim”.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism protests most strongly at any pressure being brought to bear on non Muslims to have to “submit” themselves to the jurisdiction of the Syariah Courts.

 We would respectfully remind all parties concerned that under the Federal Constitution, the Syariah Courts shall only have jurisdiction over persons professing the religion of Islam.

 Syariah Courts apply Islamic theological law. They are thus totally alien to non Muslims.

 Article 3(1) of our Federal Constitution guarantees other religions in Malaysia the right to be practised in “peace and harmony”.

 How can non Muslims practise their respective religions in peace and harmony if we are forced to be judged according to Islamic law?

 The civil court is the only forum that should determine these issues.

 The Syariah courts must immediately cease and desist from making any further decisions which adversely affect the rights of non Muslims.

 After the introduction of Article 121(1A) to the federal Constitution, the federal Court had decided that where the parties to a dispute included non-Muslims, the High Court should hear the matter.

 In this connection, the Government must therefore do everything possible to facilitate the resolution of such issues through a transparent mechanism, which protects the rights of citizens to profess or revert to their religion, especially from Islam, without having to submit themselves to the Syariah courts. The Council reiterates its willingness to render assistance in the resolution of the present dilemma through open and transparent dialogue.

Dated this 21^st day of December 2006

R. Thiagaraja

Hon. Secretary General

Malaysian Consultative Council of Buddhism,

Christianity, Hinduism, Sikhism and Taoism