THE MOORTHY CASE

THE MOORTHY CASE
It won't happen again
By Sheridan Mahavera


The Cabinet does not want a repeat of the legal wrangling that marked the controversy over former army commando M. Moorthy's religious status. As such, it will examine options, including legal ones, to make sure that the question of someone's faith does not become a tense and emotional tussle. This message was conveyed to representatives of the Malaysian Consultative Council on Buddhism, Christianity, Hinduism and Sikhism yesterday by Ministers in the Prime Minister's Department Tan Sri Bernard Giluk Dompok and Datuk Maximus Ongkili.

Both declined to speak to the New Straits Times about the meeting, which came on the same day that the Cabinet discussed the issue at length.

But it is learnt the Government wanted to assure the religious groups it was taking the issue seriously.

This news will be a balm to Malaysians dismayed at the impasse that followed Moorthy's (left) death last month. His widow S. Kaliammal and the Federal Territory Islamic Religious Affairs Council were involved in a legal tussle over his religious status. The council said Moorthy had converted to Islam while Kaliammal sought a declaration that he had remained a practising Hindu.

The Syariah Court ruled in favour of the council, and the widow's efforts to obtain relief from the High Court were unsuccessful after it ruled that civil courts had no jurisdiction on matters pertaining to Islam.

Representatives of the council were also tight-lipped about what was said during the meeting. Reverend Wong Kim Kong of the National Evangelical Christian Fellowship described the session as "encouraging".

KALIAMMAL: Lost her bid to gain custody of Moorthy's body.

On a related matter, the council is submitting a memorandum to the Government on issues surrounding Moorthy's case.

It proposes amending Article 121(1)(A) of the Federal Constitution, the contentious clause stating that civil courts have no jurisdiction on matters pertaining to Islam.

The change will allow the civil courts to hear cases where a non-Muslim is involved in a dispute regarding certain Islamic affairs.

The council also wants a clearer definition of what professing Islam means.

For instance, under Syariah, the children of a Muslim father are automatically deemed Muslims, even if their parents are divorced and they live with their non-Muslim parent.







NST Online - 6/1/2006