Decision in Deepa case erodes non-Muslim rights, says Women’s Aid

The Federal Court today allowed Hindu mother S. Deepa’s former husband Izwan Abdullah to keep the couple’s son, Mithran, despite a previous High Court order. – Reuters file pic, February 10, 2016.The Federal Court’s decision today in a long-drawn child custody battle between a Muslim convert and his non-Muslim wife has eroded the constitutional rights of non-Muslims, said a women’s group.

The apex court’s decision in the case of S. Deepa, said the Women’s Aid Organisation (WAO), will only encourage more unilateral conversions by one spouse – an issue which has far-reaching consequences.

This is since the Federal Court allowed Deepa’s former husband Izwan Abdullah to keep the couple’s son, Mithran, despite there being a High Court order instructing the boy be returned to his mother.

"In effect, the court’s ruling today validates the violent abduction of Mithran by Deepa’s former-husband," WAO president Carol Chin said in a statement.

"The court failed to take into account his direct disregard of the original order of the High Court that awarded custody of both children to Deepa, as well as the well-documented history of domestic violence in this case.

In Deepa’s case today, the apex court decided that the civil court should decide custody of children who converted to Islam.

A five-man bench chaired by Tan Sri Raus Sharif said a non-Muslim marriage did not dissolve when one party embraced Islam.

However the court gave custody of Mithran to Izwan, and their daughter Shamila to Deepa.

On April 7, 2014, the Seremban High Court granted Deepa custody of their two children.

That decision overrode an April 2012 Shariah Court order granting Izwan custody.

The Federal Court's decision today set aside the High Court recovery order and revoked the Shariah Court custody order.

Raus justified the custody decision based on the fact the two children were settled well in their present environments.

Commenting on this, WAO’s Chin said the ruling violated Deepa’s rights as a mother and as an equal guardian of her children.

"This erodes our constitutional rights as Malaysians, and perpetuates the deep-seated inequality faced by women in our society.

"The court’s ruling thus fails to fully protect the rights of non-converting spouses and their children, and contravenes the Federal Constitution and its guarantee of equality," Chin said.

The decision today could also allow converting spouses to abuse the Shariah Court system and erode the different jurisdictions of the Syariah and civil court system in the Constitution, she added.

"This will leave many non-converting spouses, and all Malaysians, insecure in their legal rights and without recourse to seek justice." – February 10, 2016.