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7th Rangers: Appeals court allows Maips to intervene in Loh's custody case By Isabelle Leong

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Appeals court allows Maips to intervene in Loh's custody case By Isabelle Leong
Tuesday, February 07, 2023

Malaysiakini : The Court of Appeal has allowed the Perlis Islamic Religious and Malay Customs Council (Maips) to intervene and vary the custody order granted to single mother Loh Siew Hong for her three unilaterally converted children.

Judge Has Zanah Mehat, who led a three-member bench in the unanimous decision, said the law on intervention is governed by Order 15 Rule 6(2) of Court 2012 read with Section 96 of the Law Reform (Marriage and Divorce) Act 1976. “A reading of these two provisions would confer upon the applicant (Maips) a legal right to intervene, premise upon their power pursuant to Section 7 of the Perlis administration of Islamic Enactment.

“We will, therefore, allow appeal and set aside the order of the High Court on June 15, 2022,” she said when delivering the verdict at the Palace of Justice in Putrajaya today.  With the ruling, Maips can file an application before the Kuala Lumpur Family Court to vary the custody order.

When delivering the verdict, Has Zanah said there is no necessity to dwell on the legality or, otherwise, the conversion of Loh’s underage children – 15-year-old twin daughters and 11-year-old son. The other judges on the panel were See Mee Chun and Mohd Nazlan Mohd Ghazali. The state religious body was represented by counsel Mohamed Haniff Khatri Abdulla, while lawyers A Srimurugan and Shamsher Singh Thind acted for Loh.

Koel : Disgusting. Hounding and terrorising this poor mother who is desperately trying to keep her family together. Gutter types of scavengers.

Bill Price : Once Malaysia made the mind-numbingly stupid decision to have two legal systems within the country the writing was on the wall. Cases like this are now unavoidable. There is no going back. The pursuit of 'justice' in Malaysia is now crippled. Maips should be ashamed of themselves.

Proarte : Islam was seen to be "humiliated" by the High Court decision by the likes of Asri, the Mufti of Perlis and this was also unacceptable in the eyes of supremacist Muslim leaders who have inculcated this mindset in Muslims.

Ismail Sabri the former PM did not intervene in the High Court decision probably because it was a pre-election ploy by UMNO to appease the non-Muslims knowing the judgement could be overturned at the Appeals court.

We saw how UMNO was incensed that Ismail Sabri did not intervene in the Judiciary in order to acquit Najib of his corruption charges, suggesting rather disturbingly that they felt that the Executive had the ability to influence the Judiciary. PAS and PN are exerting pressure on the Unity Government to push for a more Malay centric and Muslim agenda.

The issuance of the hurtful Johor Fatwa just before Thaipusam and Anwar not attending the Thaipusam ceremony ( even though he had a medical check up at IJN on the day and thankfully was declared fit, Anwar could have sent his wife or the DPM to represent him) has left its mark, and given the impression that Muslim supremacist forces are influencing the powers that be.

The question remains whether the Federal Court which currently has the confidence of the Rakyat under CJ Maimun will be resolute in its independence and not be browbeaten by the Executive who may want to impose a Muslim supremacist agenda in the Low case. Whether Anwar has the political will or power to uphold the secular nature of our Constitution and the rights of non-Muslims remains to be seen.

BaiJeBo : Firstly, the ex husband converted the underage children WITHOUT the mother's knowledge or consent - a very cruel, cowardly, despicable, disgraceful and dishonourable act. Secondly, what right does ANY third party have in the custody of others' children?

Read it all here...............
posted by Major D Swami (Retired) @ 8:04 PM  
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