In responding to the statement by PAS Youth that the outcome was seen as a victory for Islam, Mujahid, who is also MP for Parit Buntar, said it was too simplistic to interpret it that way.
“I respect the decision of the court, but this issue goes beyond the law, and the background of such cases,” he told FMT.
On Wednesday the Court of Appeals overturned the Ipoh High Court’s ruling that quashed the unilateral conversion of Indira’s three children to Islam by her Muslim convert ex-husband.
“Even in the context of Islamic law of the right to care of the child should either parent convert, the moral issue is whether mercifulness and love were addressed.
“We must look at the moral aspect of it, does the court’s decision obtain justice for all parties? Justice is important in Islam.”
He said that even if the case was to be judged in the Syariah Court, the ruling cannot be said as being “Islamic” if justice was void.
Mujahid reiterated that the case therefore could not be regarded as a victory for Islam if justice did not prevail.
He said that in issues where the Syariah Court and the civil courts were in conflict with each other, it was important to take all aspects of the case into consideration and not view it from a purely legal perspective alone.
Meanwhile, former de facto law minister, Zaid Ibrahim said the case was never about religion.
“Courts are there to determine the rights of individuals, just like the Allah case,” he said arguing that it was never about religion per se but whether or not Catholics could use the word Allah in their publications.
Zaid said Indira’s case was about individuals, hence it was stupid for anyone to claim it is a victory for Islam.
He said that while it was understandable that some parties had the tendency to get emotional in cases such as this, it was important, for politicians in particular, to remain sensible.
Yesterday, PAS Youth deputy chief Khalil Abdul Hadi, said the Court of Appeal’s decision was victory for Islam.
The Youth wing also wanted yesterday’s decision to serve as a warning against liberals who were bent on challenging the sanctity of Islam.