KUALA LUMPUR, July 6 — The Shah Alam High Court has declared deceased art director Mohan Singh a Muslim at the time of his death, despite protests from his Sikh family, in a ruling which could reignite fresh controversy over Islamic conversion cases.
Today’s ruling comes a week after the Malay Rulers decided to put off until further study the Najib administration’s plans to amend some laws on conversions which would have gone some way in assuaging concerns especially from among the non-Muslim community.
The court ruled today that Mohan had converted to Islam and that the Syariah court had the jurisdiction to determine if he was still a Muslim when he died on May 25.
The Syariah High Court had on June 4 ruled that Mohan was a Muslim when he died and should be buried according to Muslim rites.
Syariah High Court judge Mohamad Khalid Shaee @ Shaii ruled that Mohan’s conversion was valid after hearing testimony from five witnesses and examining the documents brought before the court.
The order was issued following an application by the Selangor Islamic Religious Council (Mais).
Mohan was apparently also known as Mohammad Hazzerry Shah Mohan Abdullah. He was said to have converted to Islam in 1992 in Penang. However, the deceased’s family claimed that the 41-year-old who died of a heart attack, had neither converted nor practised Islam.
They said he had practised Sikhism and had performed the last rites for his late mother three years ago.
The family had filed for a judicial review here against the Sungai Buloh Hospital’s decision not to release the body to them to be cremated according to Sikh rites.
Six hours after the court decision, the hospital released the body for burial.
The body was then taken to the family home
Mohan's remains were taken to the family home for last viewing before it was sent to the mosque in Batu Caves for dressing and burial in Taman Selasih Muslim cemetery.
While it is customary for Muslims to bury their dead before the sun sets, Mais lawyer Haniff Abdulla told resporters Islamic law does not forbid burial after dark, saying the burial can be carried out as long as the grave diggers can see to dig the grave, even if they have to resort to using torches or car headlights.
Comments (32)
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written by dawud farquhar, July 06, 2009
written by dawud farquhar, July 06, 2009
If he was not practising and Muslim by name only, then the finer issues need to be resolved. Performing last rites on his mother is usually a duty of the son and hence Mohan did not see it as going against Islamic teachings. He may be excused on ignorance.
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written by Hafidz Baharom, July 06, 2009
written by Hafidz Baharom, July 06, 2009
First and foremost I don't know who Mohan Singh is personally.
In this case, we have testimony of 5 individuals and paper documents, against the word of his family.
Just what exactly were the documents presented?
From theNutgraph, it was said to be a document identifying Mohan as a Muslim signed by he himself. The family is saying that it's not his handwriting.
Was a handwriting expert brought forward to identify the authenticity of this evidence? I hope there was.
As heartbreaking as it is, if the evidence supports it, then it has to be true 'in the Syariah court'. However, should the 5 witnesses have been lying about their testimony, well, the Hereafter awaits.
In this case, we have testimony of 5 individuals and paper documents, against the word of his family.
Just what exactly were the documents presented?
From theNutgraph, it was said to be a document identifying Mohan as a Muslim signed by he himself. The family is saying that it's not his handwriting.
Was a handwriting expert brought forward to identify the authenticity of this evidence? I hope there was.
As heartbreaking as it is, if the evidence supports it, then it has to be true 'in the Syariah court'. However, should the 5 witnesses have been lying about their testimony, well, the Hereafter awaits.
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written by Tuhan Sakti Dari Dunia Di Atas Bumi, July 06, 2009
written by Tuhan Sakti Dari Dunia Di Atas Bumi, July 06, 2009
Dah mula lah angkara merampas mayat dari kerabat keluarga.
Macam mana bukan Muslim nak hormat agama Islam kalau begini kuku besi sikap orang yg mempraktikkan Islam?
Mana kelembutan Islam? Setelah mati dan roh pun dah lama pergi, masihkah lagi fanatik agama mahu bertengkar mengenai mayat?
Macam mana bukan Muslim nak hormat agama Islam kalau begini kuku besi sikap orang yg mempraktikkan Islam?
Mana kelembutan Islam? Setelah mati dan roh pun dah lama pergi, masihkah lagi fanatik agama mahu bertengkar mengenai mayat?
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written by Rat Bat Blue, July 06, 2009
written by Rat Bat Blue, July 06, 2009
Invasion of the body snatchers in Malaysia. Educate your children of the consequences of conversion to prevent stupid decision made in spur of a moment. Your family will bear the ultimate suffering not you cos' you're death and gone!
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written by zackeye, July 06, 2009
written by zackeye, July 06, 2009
The religious authority should be more concerned with the living Muslim than the dead Muslim. Every Muslim that is newly converted must be guided and assisted so that he or she will not go astray. The new brothers and sisters must be monitored and taught the right Islamic practices so that their aqiddah is not corrupted. May be we should implement an annual gathering organised by the religious authority to refresh the newly converts and to assist them in assimilating into the society particularly the Muslim society itself. Built mosques that preach in the languages that are familiar to the converts. Don't expect them to understand Islam in Malay and Arabic or even English. Islam is also like mathematics and science , it is better to be taught in the mother tongues.
What we often hear is that after deaths occur, the authorities start to go to court to take away the body. It is alright if the dead Muslim is a practising Muslim but what if the person has already left Islam. This will be a mockery of the system. In Islam, part of the zakat is allowed to help new Muslims. So use the money as prescribed by the religion rather that building expensive and elaborate mosques which could even be deemed as wasteful. Wastefulness is the work of syaitan.
What we often hear is that after deaths occur, the authorities start to go to court to take away the body. It is alright if the dead Muslim is a practising Muslim but what if the person has already left Islam. This will be a mockery of the system. In Islam, part of the zakat is allowed to help new Muslims. So use the money as prescribed by the religion rather that building expensive and elaborate mosques which could even be deemed as wasteful. Wastefulness is the work of syaitan.
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written by Lou Reed, July 06, 2009
written by Lou Reed, July 06, 2009
Have the religious authority ever taken care the feeling of the family of the deceased?
Which one is more important - the burial ceremony, or the actual practice of the believer when he's alive?
The family is mourning... why put further burden on their shoulder? They deserve more care... not another court case!
Be wise.
Which one is more important - the burial ceremony, or the actual practice of the believer when he's alive?
The family is mourning... why put further burden on their shoulder? They deserve more care... not another court case!
Be wise.
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written by Joe Ang, July 06, 2009
written by Joe Ang, July 06, 2009
Looks like in Islam, a deceasedis more valuable than the living. If it is not a sick joke, i do not know what is?
Only in Malaysia do we have all these crap controvesy. It must have stamp from some misguided notion about something.
Only in Malaysia do we have all these crap controvesy. It must have stamp from some misguided notion about something.
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written by Burstaxon, July 06, 2009
written by Burstaxon, July 06, 2009
This has got nothing to do with the 'corpse'. As far Islamic rules are concerned ditching a body at sea is equally kosher.
This is about inheritance. You'll see hidden hands later denying any monies/assets to the rightful heir since they are still 'infidels'
This is about inheritance. You'll see hidden hands later denying any monies/assets to the rightful heir since they are still 'infidels'
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written by cha so bi, July 06, 2009
written by cha so bi, July 06, 2009
serve them right.... support the bn gorment and ini lah jadi.
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written by Gautama, July 06, 2009
written by Gautama, July 06, 2009
Cui bono? Who benefits?
If he wasn't a Muslim but a practising Sikh, to whom will his properties go to? If he was indeed a Muslim, will it be the same persons or person?
Therein lies the truth.
If he wasn't a Muslim but a practising Sikh, to whom will his properties go to? If he was indeed a Muslim, will it be the same persons or person?
Therein lies the truth.
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written by rocky, July 06, 2009
written by rocky, July 06, 2009
we must respect the High court decision cos they have shown proof that he converted. Now based on the proof, he has converted and if he didn't live a life as a muslim, that is another story but his conversion stands unless he went through legal process to revert back to his former religion. the man was an adult who knew what he was doing. We must move on.
I believe the high court is the better place when it involves issue of conversion of a non muslim. and cases need to be decided on proof not those that say that he was converted at his dead bed bla bla.
I believe the high court is the better place when it involves issue of conversion of a non muslim. and cases need to be decided on proof not those that say that he was converted at his dead bed bla bla.
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written by Pan, July 06, 2009
written by Pan, July 06, 2009
Follow the money trail.. the Courts and MAIS are being manipulated to suit someone's material desires.
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written by dominik, July 06, 2009
written by dominik, July 06, 2009
The family had said that the handwriting/signature is not that of Mohan. Was a handwriting expert called in by the court to verify the claims. Anyone can fake a signature and in this can, the children of the deceased will be the one who will loose out as they are not entitled to his assets/monies.
It is really a shame for going to court over a body especially when the other side has no relationship with the deceased except the so-called religion.
So much talk about the "do and don't" regarding conversion but nothing is implemented or passed. So who will suffer - The non-muslim members of families especially when then convert without letting their spouses know until they are dead and there is a tussle for the body.
What a shame. What a shame the whole episode has become!!!!!!!
It is really a shame for going to court over a body especially when the other side has no relationship with the deceased except the so-called religion.
So much talk about the "do and don't" regarding conversion but nothing is implemented or passed. So who will suffer - The non-muslim members of families especially when then convert without letting their spouses know until they are dead and there is a tussle for the body.
What a shame. What a shame the whole episode has become!!!!!!!
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written by superyoga, July 06, 2009
written by superyoga, July 06, 2009
Free Funral Expenses - Look for Nakaysia Muslim Religious Council ... they will pray for you and give you a burial place for FREE.
The stupid ignorant peole do not know how to take care of the Muslim Poor, Unwanted Malay Born Babies, Mat Rempit and what not. But they prefer to do this things to show they are VERY ISLAMIC.
Unfortunatly, they give Islam a Bad Name!!!
The stupid ignorant peole do not know how to take care of the Muslim Poor, Unwanted Malay Born Babies, Mat Rempit and what not. But they prefer to do this things to show they are VERY ISLAMIC.
Unfortunatly, they give Islam a Bad Name!!!
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written by Sunny, July 06, 2009
written by Sunny, July 06, 2009
There is nothing wrong converting into any religion if it's a sincere calling by God/Allah but since there is a separate law in Malaysia for Muslims and non-muslims, for the love of God, please do a public declaration to your family and friends that you're converting to Islam. There are many people that are not aware of the many implications after conversion to Islam. The family got no right to the estate, body, ceremony and etc (upon death) of the converted person. I do not want to speculate but I think most of the converts are because of marriage and not because of own choice. (I know lots of you disagree with me on this).
My personal view is that if your mind and heart already belongs to certain God, it's doesn't matter what burial rites is being performed. Don't tell me if a devoted Muslim has been practicing Islam and lives according to Quaran, and just because he/she is not buried accordingly as a Muslim, he will not enter syurga.
My personal view is that if your mind and heart already belongs to certain God, it's doesn't matter what burial rites is being performed. Don't tell me if a devoted Muslim has been practicing Islam and lives according to Quaran, and just because he/she is not buried accordingly as a Muslim, he will not enter syurga.
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written by No value, July 06, 2009
written by No value, July 06, 2009
Well to non-muslims, let this be a lesson. Islam isn't just interested in your soul, it is interested in your property. So to anyone who is a foolish enough to consider conversion, remember this, you are cutting all ties when you entering Islam. Your spouse is not muslim, she/he is no longer your spouse. You have divorced her/him. You have cut all ties to your siblings and parents. They are non-muslim, so they are of no relation to you.
Islam is all. It is your new family. You can not leave.
Islam is all. It is your new family. You can not leave.
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written by Rakyat Supremacy, July 06, 2009
written by Rakyat Supremacy, July 06, 2009
Hahaha, Muslim are more concern towards the dead Muslim than living one (and thus snatching body). For example, when MJ died, some Muslim feel excited because Michael Jackson died as Muslim. I laugh at this kind of mentality. No wonder we have so much misunderstanding towards the Muslim community. It's all because of these kind of people.
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written by Mira, July 07, 2009
written by Mira, July 07, 2009
Where are the PAS supporters - are they not going to clarify the situation. The non-Muslim do not understand the bond that Muslims have - its a brotherhood. When a muslim dies, it is the duty of other muslim to ensure he/she is accorded the correct burial and last rites. I stress the word duty - fardu kifayah - which means if the muslim community choose to ignore they would be sinful. The brotherhood that Muslims have is something that is unique, because I have not seen any other religion that has so much compassion for its own follower irregardless whether he/she is known to the others. For example, we have 'sembahyang mayat' done in mosque for someone who is not even a member of the congregation, only linked perhaps by another muslim who attends the mosque. That is the muslim physche.
The problems does not lie with Islam, its the failure of the person to inform his/her family that he/she has converted, and laws must be amended to ensure this is the case!
The problems does not lie with Islam, its the failure of the person to inform his/her family that he/she has converted, and laws must be amended to ensure this is the case!
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written by tito, July 07, 2009
written by tito, July 07, 2009
Will MAIS, JAIS, whatever insist that Michael Jackson be given a Muslim burial since he died while a Muslim? Why don't MAIS,JAIS or whatever go to the US, demand that Michael Jackson be buried according to Muslim rights, preferbly in Malaysia, and all his property should not go to his Mother and children as they are non-Muslims, but instead be given to Muslims?
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written by amoker, July 07, 2009
written by amoker, July 07, 2009
Quite a joke, really. his property now belongs to the islamic council unless another person from his family converts...
I do really find it strange. Can the islamic council provide a list of converts so I can check if I have converted? The latest case in Seremeban where the lady converted to get the custody of the 2 chldren were based on the testimony of 2 Islamic Chinese convertors who collaborated with each other. I dun expect the sultan to solve this. The non muslims will not find peace tll death.
I do really find it strange. Can the islamic council provide a list of converts so I can check if I have converted? The latest case in Seremeban where the lady converted to get the custody of the 2 chldren were based on the testimony of 2 Islamic Chinese convertors who collaborated with each other. I dun expect the sultan to solve this. The non muslims will not find peace tll death.
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written by luciai., July 07, 2009
written by luciai., July 07, 2009
i agree with zackeye. the islamic council or authorities should show concern to muslim converts... when they convert, guide them and all that but seemed that after they convert, they were left alone... then when they died, they want to come and claim their bodies.
i was there and had blog about it here with pictures:
http://lucialai.org/2009/07/07/body-snatchers-at-it-again/#more-3491
i was there and had blog about it here with pictures:
http://lucialai.org/2009/07/07/body-snatchers-at-it-again/#more-3491
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written by Moro, July 07, 2009
written by Moro, July 07, 2009
To Mira above:
You talk about Islamic brotherhood, Islamic sisterhood.
Why brotherhood according to religion?
Where is the brotherhood amongst all men and women, regardless of religion or race?
Why always need to band together in tribes according to religion?
This shows the intolerance of your religious attitudes. Simple as that.
You talk about Islamic brotherhood, Islamic sisterhood.
Why brotherhood according to religion?
Where is the brotherhood amongst all men and women, regardless of religion or race?
Why always need to band together in tribes according to religion?
This shows the intolerance of your religious attitudes. Simple as that.
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written by anti anarchist, July 07, 2009
written by anti anarchist, July 07, 2009
for those who claim that Muslims are more concern about the dead than the living... careful... as more and more people of the world embrace Islam... you guys are here.. criticizing the fundamental value of Islam...
You guys are welcome to discuss in any of thousand Islamic discussion forum..or reliable comparative religion website.. and you see the truth... Islam is the way of life, Islam take care of you even after your death... Islam don't make you separate from your family... Take Ridzuan Lee Abdullah for instant... or even DS Nizar family...
You guys are welcome to discuss in any of thousand Islamic discussion forum..or reliable comparative religion website.. and you see the truth... Islam is the way of life, Islam take care of you even after your death... Islam don't make you separate from your family... Take Ridzuan Lee Abdullah for instant... or even DS Nizar family...
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written by anti anarchist, July 07, 2009
written by anti anarchist, July 07, 2009
Moro
Only religion can unite people... regardless his nationality, races, black, white, handicapped, Asian, European etc... That is fact
Only religion can unite people... regardless his nationality, races, black, white, handicapped, Asian, European etc... That is fact
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written by Hang Tuah 1, July 07, 2009
written by Hang Tuah 1, July 07, 2009
The court ruled today that Mohan had converted to Islam and that the Syariah court had the jurisdiction to determine if he was still a Muslim when he died on May 25.
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How did the court ruled that Mohan had converted to Islam???
On what basis was this judgment made???
One piece of paper - a document - a certificate of conversion in 1992???
I have lost my confidence in this judgment of the civil court.
The shariah court can determine if Mohan was still a Muslim when he died,
the civil court cannot determine -
How did the shariah court determine that Mohan died a Muslim????
What about all the testimonies of family members and friends????
There are hundreds of them who can testify -
But, these testimonies cannot be accepted in shariah court -
These people are non-Muslims, and they have not standing in shariah court.
Kangaroo court lah!!!!!
I have lost my confidence in this shariah court and its judgment.
Mohan was even married - after his supposedly conversion -
His marriage was not a Muslim one -
That tells you Mohan's conversion was a suspect - not genuine.
Was his conversion a forced one???
Was his conversion a false one???
I have lost my confidence in all Islamic religous authorities in Malaysia.
If this the brand of Islam and the talk about Islamic state,
I wish to oppose such an idea.
My heart goes to his family family.
Now they get nothing, all his estate are robbed.
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How did the court ruled that Mohan had converted to Islam???
On what basis was this judgment made???
One piece of paper - a document - a certificate of conversion in 1992???
I have lost my confidence in this judgment of the civil court.
The shariah court can determine if Mohan was still a Muslim when he died,
the civil court cannot determine -
How did the shariah court determine that Mohan died a Muslim????
What about all the testimonies of family members and friends????
There are hundreds of them who can testify -
But, these testimonies cannot be accepted in shariah court -
These people are non-Muslims, and they have not standing in shariah court.
Kangaroo court lah!!!!!
I have lost my confidence in this shariah court and its judgment.
Mohan was even married - after his supposedly conversion -
His marriage was not a Muslim one -
That tells you Mohan's conversion was a suspect - not genuine.
Was his conversion a forced one???
Was his conversion a false one???
I have lost my confidence in all Islamic religous authorities in Malaysia.
If this the brand of Islam and the talk about Islamic state,
I wish to oppose such an idea.
My heart goes to his family family.
Now they get nothing, all his estate are robbed.
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written by Tony, July 07, 2009
written by Tony, July 07, 2009
If you lost confindence in the court of Malaysia,.....go to court mamoth....
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written by a reformist muslim, August 08, 2009
written by a reformist muslim, August 08, 2009
I read all the comments here,
there are two points, first I do not know why in Malaysia, a Malaysian can not marry another malaysian from different religion! A muslim should marry a muslim, a christian should marry a christian, things are different for Buddhist and Hinduism, anyhow still a huge no. of Malaysians are muslims and there are possibilities of love between any two human, in my own country any Iranian can marry other Iranian regardless of religion (as long as they are iranian) i do not understand why here in Malaysia, marriage is a force of converting.
I read an article in BBC that annually 7000 people convert to islam in Malaysia and more that 2000 of them are for the purpose of marriage only and they don't really believe in Islam, so why do not they (Malaysian authorities) let them marry without converting!
Same as convertig from islam! in no story and article in holy Quran says, you can not convert (Religious muslims if you disagree bring it to me :P ) and we have a lot of stories show in time of prophet himself many case of converting back happened! (remember those though times for islam, prophet did not prohibit it, now that islam is in a stable situation, they do not allow it, why?! simply because they are thirsty for power)
Now these authorities of islamic countries to make sure of their power, prohibit the conversion of islam, while Allah (the merciful) says in Quran, "There is no obligation in religion, we cleared the ways(you can choose among them and see the result in afterlife)
I hope they stop ruining the name of Islam!
there are two points, first I do not know why in Malaysia, a Malaysian can not marry another malaysian from different religion! A muslim should marry a muslim, a christian should marry a christian, things are different for Buddhist and Hinduism, anyhow still a huge no. of Malaysians are muslims and there are possibilities of love between any two human, in my own country any Iranian can marry other Iranian regardless of religion (as long as they are iranian) i do not understand why here in Malaysia, marriage is a force of converting.
I read an article in BBC that annually 7000 people convert to islam in Malaysia and more that 2000 of them are for the purpose of marriage only and they don't really believe in Islam, so why do not they (Malaysian authorities) let them marry without converting!
Same as convertig from islam! in no story and article in holy Quran says, you can not convert (Religious muslims if you disagree bring it to me :P ) and we have a lot of stories show in time of prophet himself many case of converting back happened! (remember those though times for islam, prophet did not prohibit it, now that islam is in a stable situation, they do not allow it, why?! simply because they are thirsty for power)
Now these authorities of islamic countries to make sure of their power, prohibit the conversion of islam, while Allah (the merciful) says in Quran, "There is no obligation in religion, we cleared the ways(you can choose among them and see the result in afterlife)
I hope they stop ruining the name of Islam!
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It is as simple as that and that is the only correct way to go about solving this so-called 'conversion' issue.
Hence, the notion that a person who is called upon by Allah SWT to embrace Islam must first get permission from his/her family to do so and that he/she must first settle outstanding issues before they are allowed to embrace Islam is absolutely wrong.