Subshini vs Saravanan, the Hindu woman, Subshini, has her effort of stopping her estranged muslim husband, Saravanan, from converting their two sons to Islam had been squashed by the Malaysia Court of Appeal, on 13 March, 2007.
So, what does that have anything to do to you and me and other average Joe on the street? Well, if you think about it, if you are a non-muslim man in Malaysia, you have been given the ultimate weapon of winning the custody of your children from your estranged wife. Here is what you need to do:
Step 1) Convert to Islam;
Step 2) File a Divorce in the Syariah Court as You are a muslim man now;
Step 3) Convert your kids to Islam;
Step 4) File a Custody Claim of your kids in the Syariah court;
Step 5) This is more of a conclusion: You win the custody of your kids.
Let see how this work, since in Syariah Court, Islam is the better religion compared to all other religion, and since the divorce is filed in the Syariah court, you as a muslim have more rights in converting your kids to Islam compared to the other "lesser" religion.
Why is the winning of custody is a fore-gone conclusion? Well, it's because when you are a muslim and your kids are muslims, any legal issues are to be settled in the Syariah Court. And since you and your kids would form a better Islamic family together, there is no question there who would win and become the Custodian of the kids.
Where does that leave the wife? Well, she can go crying to the Civil Court but don't worry, precedence had been set: The case is now fall within the jurisdiction of a Syariah Court, not a Civil Court. So, victory is assured.
Here you goes, the 5 steps of winning the custody of your kids in Malaysia. And yes, we have equal rights in Malaysia, the Constitution have assured us that!
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