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Dispute over burial: Shariah court jumps the gun

Kuala Lumpur: In a rude shock to a Hindu family which moved the court to stop Malaysia’s Islamic authorities from burying a relative claiming that he was converted, a Shariah court on Sunday ruled that the deceased was a Muslim.

The family of Elangesvaran Benedict, 34, wanted to cremate the deceased according to Hindu rites, saying it was not aware of his reported conversion to Islam.

The matter was to be decided at the High Court in Georgetown in Penang State but the religious authorities jumped the gun and obtained a declaration from the Shariah court in the morning.

The Shariah court declared that the deceased was a Muslim, hours before the High Court was to hear the case, The New Straits Times said.

Elangesvaran’s widow, who was named as a respondent in the case, was not present in the Shariah court.

Lawyers Karpal Singh and R.S.N. Rayer, who represented Elangesvaran’s family, expressed outrage over the “underhanded manner” the case was handled.

“We made it clear that it is not proper for them [the religious authorities] to have gone to the Shariah court in the morning, knowing very well that the matter is going to be heard at the High Court in the afternoon,” Mr. Singh said.

A stay has been granted prohibiting anyone from removing the body. The matter will be heard at the same court on Monday.

Elangesvaran, 34, committed suicide on June 22 and the body was sent to hospital for post-mortem.

The family filed summons at the High Court claiming that Elangesvaran had always been a Hindu and died as one.

After a number of similar cases that led to an outcry from ethnic Indians and Chinese, Prime Minister Abdullah Badawi announced that non-Muslims, who wanted to convert to Islam, would be required to inform their family before conversion. — PTI

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