The Star, July 22, 2004

By Susan Tam

Petaling Jaya: Diverse group are unhappy with the conditions placed on the mother in the court decision giving a Muslim convert and his Hindu wife joint custody of their sons.

Sister in Islam (SIS) legal officer Nora Murad said the group was concerned with the practical implications of the decision, as the caveat placed on the mother was unclear.

"There is a thin line between religion and tradition and it is not stated clearly how the mother will influence her children’s religious beliefs.

"If Shamala has a Hindu altar in her house as she practises Hinduism, does this mean she will be influencing her children?" she said yesterday.

Nora said SIS was also concerned that the father was given the right to convert the children without their mother’s knowledge.

She was commenting on the Tuesday’s High Court decision in the case involving S. Shamala, a bank clerk, and Dr. M Jeyaganesh, also known as Muhammad Ridzwan Mogarajah.

They were granted joint custody of their two sons but Shamala has been given "actual custody," which means that she will be responsible for the day-to-day care of Saktiswaran, 5, and Theiviswaran, 3.

The court had also placed a caveat on the decision, stating that Shamala would lose her right ti "actual custody" if there were grounds to believe she might influence the boys’ present religious belief.

Shamala, had, however, claimed that the conversion of her sons was done without her knowledge.

Council of Churches of Malaysia (CCM) general secretary Rev Dr Hermen Shastri said news reports showed contradictory statements relating to the decision.

The reports, he noted, had stated that the children were converted in secrecy and therefore, could not be considered as an automatic conversion.

"But the caveat placed on the mother almost assumes that the children are Muslim," he said.

Dr Shastri also felt the situation could be subject to abuse in the absence of a clear explanation of what constituted religious influence by the mother.

Some religious authorities, he said, might put pressure on Shamala over practices such as wearing a religious pendant.

Gerakan Wanita Chief Datuk Rhina Bhar said if the conversion of the children was deemed illegal, there were concerns over the caveat placed on Shamala.

"We suggest it is wise to hold that the conversion is illegal unless both parents have consented to it."

"The children must remain in the religion they were born into up to the age of 18, when they can then decide for themselves which religion to follow," she said.

Women’s Aid Organization (WAO) executive director Ivy Josiah said the decision on joint custody appeared to be a compromise and yet allowed an independent move by the father to convert the children to Islam.

"The judgement disregard the reality of family life as joint say on education, choice of religion and property is not completely available to Shamala.

"Shamala’s right to be an equal party with her husband in the choice of religion for the children were earlier denied. And as a result of this recent decision, she has to follow her husband’s choice," she said.

Bar Council vice-chairman Yeo Yag Poh said that while there were existing laws to ensure the freedom of religion, Shamala’s case showed that the desired effect of these laws was not achieved in reality.

"For example, the mother may have obtained a custody order in her favor from the civil court, the father may obtain a different one in his favor from the Syariah Court. This tug-of-war is surely not in the interests of the children," he said.

Yeo said existing laws should be strengthened and made clearer and the judiciary must be proactive in promoting fundamental rights.

"This is important so that one parent will not be compelled to resort to drastic measures to protect her children," he said.

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KUALA LUMPUR - A Hindu woman has been granted day-to-day custody of her two sons who had been converted to Islam by their father after he embraced the religion.

The father, Dr Jeyaganesh C. Mogarajah, 36, was given joint legal custody and visitation rights, but the High Court ruled that his estranged wife Shamala Sathiyaseelan, 32, would be responsible for the daily care of the boys.

Four-year-old Saktiswaran and Theiviswaran, 3, are currently staying with their mother in Alor Star.

The case has attracted attention, especially from women's groups which were concerned that civil courts may not adequately address the rights of women in conversion cases.

In his oral judgment, Judge Faiza Tamby Chik said joint legal custody meant both parents would have to agree on issues concerning the children, such as education, choice of religion and property.

Datuk Faiza hoped that by giving actual custody to the mother and legal custody to both parents, they would be able to 'retain some influence on the children and neither would feel totally excluded'. But he placed a caveat on Madam Shamala that her right to actual custody would cease if there were reasonable grounds to believe she would influence the children's present religious beliefs.

'This daily care (of the children) cannot be shared,' he said, adding that it was good for the children to be with their mother until they turned 18.

Dr Jeyaganesh, now Muhammad Ridzwan Mogarajah, got visitation rights and will be able to see the children in Alor Star every fortnight, but cannot take them away from Alor Star.

Madam Shamala, a bank clerk, had applied to the High Court for custody of her children, who were converted to Islam by her husband without her knowledge and consent in 2002.

The two were married in 1998 according to Hindu rites, but four years later the husband converted to Islam.

Madam Shamala's application to the High Court to nullify the conversion of her sons to Islam was rejected on the grounds that the court did not have jurisdiction. \-- New Straits Times, Bernama,The Star/AsiaNews Network

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KUALA LUMPUR: A Muslim convert has filed a notice of appeal against a High Court’s decision granting his Hindu wife the actual custody of their young sons, whom he had converted to Islam after he embraced the religion two years ago.

Dr M. Jeyaganesh filed the notice through his counsel Muralee Menon on Monday.

"I have also written a letter to Chief Justice Ahmad Fairuz Sheikh Abdul Halim to call up my client’s case and make it a special case to review the High Court’s decision," Muralee told reporters at Wisma Denmark yesterday.

Muralee claimed his client had gone to Alor Star last Saturday to visit his two sons – five-year-old Saktiswaran and three-year-old Theiviswaran – but they were not home.

On July 20, Justice Faiza Tamby Chik granted legal custody of the two boys jointly to both Dr Jeyaganesh and his estranged wife S. Shamala. He, however, gave actual custody – the day-to-day care and responsibility of looking after the boys to their mother.

Bank clerk Shamala had claimed that the conversion of her sons by Dr Jeyaganesh, also known as Muhammad Ridzwan Mogarajah, 36, was made without her knowledge and approval.

Saktiswaran’s Muslim name is Muhammad Firdaus Jeya while Theiviswaran is called Muhammad Asraf Jeya.

Justice Faiza had also ruled that Dr Jeyaganesh could visit his children every fortnight – from 1pm on Saturday to 2pm on Sunday – but could not take the children out of Alor Star.

Dr Jeyaganesh and Shamala were married according to Hindu rites on Nov 5, 1998 in Alor Star. The marriage was registered under the Law Reform (Marriage and Divorce) Act 1976. Their sons were born in 1999 and 2001.

On Nov 19, 2002, Dr Jeyaganesh embraced Islam and on Nov 25 last year, registered the conversion of the two boys to Islam.

Shamala then filed an originating summons against Dr Jeyaganesh and the Federal Territory Religious Council seeking an order for custody, care and control of the boys.