GEORGE TOWN – Laws in Malaysia are sufficient and adequate to address family disputes such as conversions to other religions, provided all parties adhere to the federal constitution and judicial precedents, said former Balik Pulau MP Yusmadi Yusoff.
Speaking to The Vibes over the present controversy involving single mother Loh Siew Hong’s battle to obtain full custody of her children, he said the initial decision made by the high court over the dispute should have been respected and executed.
“The laws are adequate to address any social and legal complications, which can arise from personal and family related issues.
“It is just that certain quarters choose to ignore it and cloud such convictions passed by the court with emotions, politics, falsehoods, and bias.
“And they complicate it more by attaching race and religion to any contentious issue until it seems that the country is struggling to come to terms with what are fundamentally the basic tenets of the constitution.
“When a high court judge decides, he or she would take into account all facts and legal arguments; from the religious standpoint such as shariah interpretation to the needs of the child and guardians.
“We should just respect the decision.
“If we are confused, the laws are there to guide us. It is simple but some quarters want to complicate it,” said Yusmadi.
In regard to the ongoing custody dispute involving Loh against her ex-husband and Islamic welfare authorities in Perlis and Kedah, Yusmadi said that both sides should compromise and come together for the sake of reuniting a family, casting aside aspersions of race or religion.
“We need to be objective. The issue here is whether a family must be reunited.
“In this case, a mother was given the mandate by a high court to reconcile with her children.
“Why must we deny the family such a right? Is this humane?
“Many times, in the rush to uphold religious rights, those entrusted as faith leaders tend to be overzealous until they come across as dogmatic.
“We should be showcasing the beauty of Islam and not the other way around. The teachings are just.
“We should be upholding it in real life.
“If we have two unwilling sides, can any problem be resolved?” he asked.
Yusmadi hopes that good sense will prevail over the contentious case where all parties, including the religious clerics, should work to foster family harmony, which are the basis of good governance and a dignified society.
Loh’s children comprising twin 14-year-old girls and a 10-year-old boy are now being cared for by the Kedah Social Welfare Department after Loh had earlier obtained a high court injunction, which ruled that she has sole custody of the children.
Loh is comfortable with the children staying at the facility in Kedah, pending the hearing of her habeas corpus application at the Kuala Lumpur High Court on Monday to fully determine who has rightful custody of the three siblings.
The family dispute began to unfold in 2019 when Loh divorced her husband, who later accepted Islam as his religion of choice while he was imprisoned.
The husband continues to serve time for a narcotic charge in Kelantan.
Loh has since lodged a police report that her twin daughters and son were illegally placed under the care of a woman who manages an Islamic non-governmental organisation.
She has not met her children for the past three years as she was recovering at a domestic abuse centre, after the tumultuous separation from her husband, who had allegedly physically abused her.
Loh later divorced her husband and obtained custody of their children last year, with the Kuala Lumpur High Court ordering police to ensure the return of the children to her. – The Vibes, February 17, 2022
