NSW Supreme Court has taken a position on sharia; it must now issue directions for matters that involve marriage between Muslims and non-believers

 by Ganesh Sahathevan 

The Malaysian Insight has reported: 

THE High Court in Kuala Lumpur was told today that the Perlis Islamic Religious and Malay Customs Council (MAIPs) had direct legal interest in intervening in a divorce petition between single mother, Loh Siew Hong, 34, and ex-husband Muhammad Nagashwaran Muniandy, who converted to Islam and unilaterally converted their three children.

 These are the types of issues that  Malaysia's civil courts have to deal with given the country's dual sharia-common law system. 

The NSW Supreme Court has made it known that sharia and the common law are compatible. It must now issue directions with regards matters such as those above.

TO BE READ WITH 

Sunday, April 17, 2022

NSW Supreme Court position in favour of sharia not matched by any statement in favour of other faiths-Perception of bias among adherents of other faiths justified

 by Ganesh Sahathevan 

The. NSW Supreme Court's  position in favour of sharia   is  not matched by any similar statement in favour of other faiths.  There is at least a perception of bias, especially given the somewhat sanitized version of sharia that the Court describes, which  it says is  not incompatible with Australian law. 

TO BE READ WITH 

Sharia: The Sultan Of Brunei & the Governor designate NSW Margaret Beazley's views compared.;the official position of the Government Of Brunei vs that of the Supreme Court NSW 

by Ganesh Sahathevan

Readers are referred to the article published earlier on this blog about the views of the Governor designate NSW, the former President Of The Court Of Appeal NSW Margaret Beazley AO.
The Governor designate's views are contained in a speech that continues to be broadcast (or "published")  to the whole world on the NSW Supreme Court website:

Governor designate Margaret Beazley AO  will have to clarify her position on Islam very soon.:Her silence in the case of the Malaysian lesbians punished by caning maybe acceptable among judges but not from the Queen's representative

The story above includes this paragraph which the Legal Profession Admission Board NSW, whose chairman is the Chief Justice NSW Tom Bathurst, have deemed to be defamatory ,and lacking "insight": 


The Hon Justice M J Beazley AO, President Of The Court Of Appeal ,State Of NSW, Australia ,said in a speech delivered in 2014, but not widely reported:
"...despite a perception that Islam and the Australian law are incompatible, this is not borne out by the caselaw"
She did so in conjunction with the Affinity Intercultural Foundation, the Australian arm of the Fetullah Gulen movement. While Gulen and his followers have been recently victimised by former friend and ally Recep Tayyip Erdoğan, the president of Turkey who they helped install, Gulen and his people are not innocent of jihadi activity.
They are nevertheless quite adapt at recruiting Western "intellectuals" to promote their, cause, Her Honour is only the most recent.



Now , compare the views of the highly learned justices to that of the Sultan Of Brunei, an absolute monarch of a Muslim country:

A Powerful Message From Brunei to the World

Why do you care so much what's happening here in an Islamic nation when you didn't even bat an eyelid about the Syrians, Bosnians, Rohingyas, Palestinians, etc.

“In your countries you practice freedom of speech, freedom of press, freedom of religion, etc. It’s in your constitution. It’s your political system, your national identity, your rights, your way of life. In my country, we practice a Malay, Islamic, Monarchical system and we’re going to start practicing the laws of Islam, Shari’ah Law. Islam is in our constitution, our national identity, our rights, our way of life. We may find loopholes in your laws and justice system, and you may have found ours, but this is our country. Just like you practice your right to be gay, etc. for this world you live in now, we practice our rights to be Muslims for this world and the Hereafter. This is an Islamic country practicing Islamic Law. Why don’t you worry about your kids being gunned down in schools, worry about your prisons being unable to accommodate convicts, worry about your high rate of crimes and DUIs, worry about your high suicide and abortion rate, worry about whatever it is that you should be worried about there. Many religions are against homosexuality, it’s nothing new. The moment you hear that Islam and Muslims making a stand and trying to reaffirm their faith, you judge, you boycott, you say that it’s wrong, it’s stupid, it’s barbaric. Again, go back to those worries that you should focus on I’ve mentioned earlier. Is it not wrong to legalize deadly weapons, is it not wrong to allow unborn babies to be killed, is it not wrong to allow a lifestyle that results in AIDS and discontinuation of the next generation? Why do you care so much what’s happening here in an Islamic nation when you didn’t even bat an eyelid about the Syrians, Bosnians, Rohingyas, Palestinians, etc. Thousands are being killed there and you don’t care, not one is killed here under this Shari’ah Law, and you make a big fuss, even when the citizens here who are directly affected by it, accepts it with peace. Punishments may be harsher but it does not mean it’s easier to be carried out. There are processes to go through before an actual conviction. We are fine with it, we are happy.”

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