The Hindu widow of an ethnic Indian commando has appealed against a Malaysian civil court saying that the judge abandoned his judicial duty by declaring civil courts had no power to review Shariah Court rulings.
S Kaliammal had turned to the High Court last month to claim her husband Manian Moorthy’s body for cremation, but was told by the judge the court could not overrule a decision by the Shariah Court which ruled that Moorthy alias Mohammad Abdullah had converted to Islam before his death.
Moorthy was subsequently buried under Islamic rites.
In her petition filed with the court of appeals yesterday, Kaliammal said judge MD Raus Sharif had erred in concluding that civil courts had no jurisdiction to determine the validity of her husband’s conversion to Islam. This was among the 50 grounds stated in her petition.
In her originating summons, Kaliammal sought declarations that Moorthy was a Hindu and followed Hindu rituals, that he was not a Muslim, and that documents proving Moorthy’s conversion were null and void. But the court granted only one relief sought by the widow—that she was the deceased’s lawful wife until the time of his death on December 20.
Kaliammal, 31, named the Kuala Lumpur Islamic Religious Council, the director of Kuala Lumpur Hospital and the government as respondents.
If she wins the case, Kaliammal hopes to exhume the body and perform a Hindu cremation.
The Shariah Court had in a landmark decision on Monday granted the right for another lady, 89-year-old Nyonya, to be buried according to Buddhist rites even though she had been born a Muslim.