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Old 28-11-2006, 02:55 PM
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Quote:
Originally Posted by Gemukkk
i dont think they can try him for poligamy. there is a matter of legality. non-muslims cannot marry muslims without converting. so how to try him for poligamy because the second marriage was after he became a muslim. there is no jurisdiction. but syariah court has.
Good point. I overlooked that. Yeah, then what the High court did looks right. Dissolve his Hindu marriage in the civil courts and not touch on his muslim marriage.

Quote:
Originally Posted by Gemukkk
equal rights, yes. means the father has rights too regardless of religion, yes. so the father did not give up his rights by converting. so while some took the stand of pro-mother, some will take the pro-father stand. in the end, the decision made was to appease both.
Yes, the father has equal rights. That means that he should be able to prevent his wife from converting the children without his consent. The point is that one parent (father or mother) doesn't have the right to unilaterally change the religion of their minor children.

Quote:
Originally Posted by Gemukkk
asi have said, we did not have the full transcript. how do we know the learned judge did not do a full study and therefore, erred?
My opinion that he erred lah. I'm not stating that he was found to have erred by another court etc., but just stating I think he was wrong.

Quote:
Originally Posted by Gemukkk
had a procedure been introduced, nothing can be done if the conversion was done prior to consent/registration. the authorities cant nullify a conversion because in islam, no one has the power.
My view is that they have to judge if a conversion did occur in the first place. If there was no conversion, there would be nothing to nullify.

Quote:
Originally Posted by seantang
The civil court must first judge whether the children are still Hindu. Only when the civil court is satisfied that they are no longer Hindu, should their status as muslims be turned over to the syariah court.


See below as well.

Quote:
Originally Posted by Gemukkk
you mentioned that the conversion is done without consent. so, does this mean the person is at fault or the religion?
The person definitely. A person with good intent would have sorted out all his/her affairs first, instead of doing things on the sly.

And the procedure. Religion is not the point. Legality is. A child has 2 parents with equal rights. If only one parent takes an action on something that requires the consent both parents, then the action could not have legally taken place. The action is void because the capacity (right & authority) to perform this action simply wasn't there in the first place. This need for the 2nd parent's approval cannot be exempted simply because the action, in this case, is something religiously sensitive, like a conversion.

Quote:
Originally Posted by seantang
...if the seller doesn't own the land, a sale of land doesn't take place even though a S&P agreement was signed.
Just because there's an S&P agreement, doesn't mean that the land is sold. The seller must own the land in the first place, in order to sell it.

Last edited by seantang : 28-11-2006 at 02:58 PM.
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