Thursday, December 27, 2007

Lulu Wonders How Long Would It Be Before The Secular Courts Insist That A Rape Victim Brings Forward 4 Rightstanding Muslims as Witnesses To The Crime

The Federal Court also ruled that Saravanan did not abuse the law by converting his four-year-old son to Islam without the knowledge of the mother.It said that according to Islamic law, only one parent need to be informed in the conversion of a child.The court also ruled that it was within the right of Saravanan as a Muslim to file the divorce proceedings in the Syariah Court.

Malaysiakini - Federal Court throws out Subashini's case

Yes, country’s highest court has decreed that.
So, now Lulu is wondering,
if that is to be taken as a preceedent,
then does that mean that in a rape crime where the victim and the accused are both Muslims,
can the accussed's lawyer in a secular court insist that it is within his client's right as a Muslim that the prosecution produce four credible witnesses who had seen the crime in action?
Afterall, just as Federal Courts has ruled that "according to the Islamic law", likewise, the Islamic law has rules on a rape proceeding too.

Is that how it works?

10 comments:

Hamzah said...

good point lulu but rape is a criminal law and all must submit to civil law.

however, "'Civil courts continue to have jurisdiction, notwithstanding his (the husband's) conversion to Islam ... A non-Muslim marriage continues to exist until the High Court dissolves it,' said Mr Nik Hashim Nik Abdul Rahman"

so a little hope? and why can't they rule that for the poor boy since at birth the boy is a Hindu?

I hope all Malaysians see saravanan as an opportunist who abuses the Law in order to run away from his responsibilities and he does not deserve to be a father!

carboncopy said...

Disturbing ruling indeed.

Anonymous said...

Not long!

Anonymous said...

And if found guilty, that is to say, could not produce the 4 required witnesses, the rape victim would be subjected to a few hundred lashes because she "invited" the rape

myop101 said...

Dear Hamzah,

The sad part about the whole argument you brought forth is there is no relief whatsoever for Subashini. It is tantamount to saying, yes we recognise Saravanan is the evil opportunist who used the loopholes in the law but who created these loopholes and what justice does it serve? and knowing it is evil, who is condoning and allowing it to flourish?

To me, the court has basically implied that being a non-Muslim is on the losing end and no different from a 2nd class citizen because their only crime is, they are not Muslims! Is this how the concept of fairness supposed to be?

I cry for this country and its people. When I am done crying, I think I will have to resort to packing my bags and go. Afterall, I am already 2nd class. Who cares right?

Anonymous said...

Is it 4 "Upstanding" men (nudge, nudge, wink, wink, as in negaraku) or 4 rightstanding men. And what the &$#* were they not coming to the assistance of the victim instead of recording the event with their eyes or their handphones!!!!

Anonymous said...

its getting complicated aint it? no thanks to the judges who have swore to uphold the constitution but have now reneged.
good luck to those who have to go the courts for justice. i seriously hope i dont have to in my lifetime. no wonder, overseas arbitration clauses are now commonly demanded by foreign investors.

wits0 said...

Very true, anon 12:39 AM, the courts are doing the Penang Ah Koon Dhimmi thingy. It's promoting itself into what ancient Chinese regarded their (when)corrupt courts, the thing next to death to be involved in.

Old Fart said...

They also at the same time talk about tolerance. That means when they come to these kinds of decisions you ought to tolerate. Understand? Most of them also indulge in corruption. Tolerate juga! But you see, it is their propensity for corruption that makes it possible for the rest of us to live. Right? so I guess in Malaysia's case, we need to tolerate corruption more than anything else.

wits0 said...

Old fart, they do double speak naturally because who else has the license of Taqiyah like 'em true believers?

A woman, Lulu, is only worth half (or less of) a man, under the terms of their Creed. They will always be tempted to creepingly enforce that, among other things, if they can. Their seeking for mundane power and control will not cease.