Tuesday, July 07, 2009

Malaysian Court Says Art Director Died A Muslim-- No Jurisdiction To Hear Family's Objections

In Malaysia, the Selangor High Court has ruled that art director Mohan Singh will be buried according to Muslim rites by the Selangor Islamic Religious Council (Mais). Today's New Straits Times reports on the complicated decision. Mohan died May 25, and his family claimed he was a practicing Sikh. However on June 4, the Syariah court, in response to an application by Mais, ruled that Mohan had converted to Islam in 1992 and had died a Muslim. Mohan's family, who knew nothing about Mohan's purported conversion, filed suit in the High Court seeking an order that Mohan's body be released to his family. That application was refused yesterday and the body was ordered released to Mais instead. High Court Judge Rosnaini Saub ruled that Mohan's 1992 conversion certificate was sufficient to give the Syariah court jurisdiction. Since Mohan's family are not Muslims, they have no standing to present their contentions to the Syariah court, and they cannot present their claims that Mohan did not convert to the civil court because it lacks jurisdiction once the conversion certificate has been presented. An article last month by Deborah Loh presents the Mohan family's side of the case.

UPDATE: Malaysian Insider reported Tuesday that Mohan Singh's family has filed an appeal with the Court of Appeal in Putrajaya, even though Mohan was buried Monday night in a Muslim cemetery.