Sender : Ali Imran
In light of the recent tussle between Muslim convert Izwan Abdullah and clerk S. Deepa, and the judgment by the Federal Court, I have seen many people express their disappointment, mostly on Facebook and news portal. (or should I say ‘news’, with the quotation mark?)
On the 10th February, the Federal Court in its decision granted the custody of the son to its father, and the daughter to its mother. Yes, cries of foul by the ‘secularists’, saying that it is unfair not to let the mother to have the custody of both of the children. Some has gone even further, claiming the decision was made with a religious will of the judges, giving prejudice to another religion other than Islam.
I would like to remind that the decision the Judges came up with, are merely administrative in nature. There has never been one judge in this case contended that there is an interest to protect from a Muslim perspective. The Federal Court issued a judgment that in my view lightens up the tense surrounding the matter. To quote the judgment delivered by Tan Sri Md Raus Sharif, “the Syariah Court has no jurisdiction over the ex-husband's (Izwan) application to dissolve his marriage. Syariah Court only has jurisdiction in a divorce between Muslims”. Let this be proof that the issue is purely on an administrative basis. There is no slight hint of prejudice by the judges.
Although I feel at a personal level that it is sad to separate a mother and her child, the decision is so because apparently, the children themselves decided on to stay with which parent they desire. Allow me to point out that the panel of judges had asked to see and ask the children themselves. Note that this approach is considered to be unprecedented.
There are many other circumstances where the decision of a custodial issue should be given consideration. In Islamic belief, at least what I have read is that the necessary questions to be asked include determining which parent has the best capability to provide for the child, and also to take into consideration on the child, whether he or she prefers to live with which parent.
If the liberals are so occupied to believe personal freedom and personal choice, bear in mind that the Federal Court’s judgment was made with taking into account both of the children’s wishes. So in a sense, the children themselves decided the order granted by the court. Why would a certain faction of society express dissatisfaction over the fact that a boy wishes to live with his father?