KUALA LUMPUR, Dec 17 — The Women’s Aid Organisation (WAO) today urged Muslim convert Izwan Abdullah to abide by the Court of Appeal’s decision and return his son to his ex-wife, even as the same court granted a three-week stay on the recovery order compelling the police to retrieve the boy.
The group said the ruling earlier today made it clear that any marriage solemnised under the Law Reform (Marriage and Divorce) Act 1976 is subject to the civil courts and not Shariah jurisprudence, as argued by the ex-wife, Deepa Subramaniam.
“We hope all parties will abide by this decision, and not prolong the injustice towards Deepa and her children any further.
“We urge Izwan to return the son to Deepa, and the police to enforce the Recovery Order,” WAO said in a statement.
Izwan was challenging an April 7 decision by the Seremban High Court granting custody rights of his nine-year-old daughter and six-year-old son to his ex-wife, overturning a decision by the Shariah Court last year to award him custody of the children after he had converted them.
Izwan — formerly a Hindu by the name of Viran Nagapan — allegedly snatched his son from Deepa’s house in Jelebu, Negri Sembilan on May 21, close to 48 hours after losing the custody dispute.
WAO said it was regrettable that the court allowed a three-week stay on the recovery order, as it will only further delay efforts to reunite Deepa with her son.
Citing a recent open letter issued by a group of 25 Malay personalities, the NGO agreed that religious bodies in the country appear to be “asserting authority beyond their jurisdiction”.
“The injustice Deepa and her children are facing is a result of exactly this overreach.
“To avoid future overreach we once again call for family laws to be amended to disallow unilateral conversions, as per the 2009 Cabinet decision,” WAO said, referring to the announcement by the-then minister in charge of law, Datuk Seri Nazri Aziz.
Earlier today, the Court of Appeal rejected Izwan’s appeal against the Seremban High Court’s April 7 decision to award custody of his two children to Deepa, on the grounds that the Shariah High Court had no jurisdiction over a marriage solemnised under civil law.
The Court of Appeal added that the civil High Court was the right platform to grant the custody order and ordered the ex-husband to pay RM10,000 in costs.
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