Sunday, January 27, 2008

Muslim burial for elderly convert after court ruling

SEREMBAN: Amir Gan Abdullah, 74, who died last Sunday, and whose Muslim and non-Muslim children laid claim to his body, was buried yesterday as a Muslim after the Syariah High Court ruled yesterday that he was a Muslim convert.
His eldest son, Abdul Rahman Gan, 47, claimed the body from the Tuanku Jaafar Hospital. Amir Gan was buried at the Tuan Haji Said Muslim cemetery about 6.30pm.Syariah judge Mohd Nadzri Abdul Rahman gave his decision after hearing an ex parte application seeking to declare Amir Gan a Muslim.The application was filed by the Negri Sembilan Islamic Affairs Council, the Negri Sembilan Islamic Affairs Department, the Registrar of Converts and the plaintiff, Abdul Rahman.The non-Muslim members of Amir Gan's family did not turn up in court although a notice had been sent to them on Tuesday.
According to the facts of the case, Gan Eng Gor had embraced Islam on July 3 last year at his house in Taman Mega Way, Sikamat, near here and took the name of Amir Gan Abdullah.
The non-Muslim members of Amir Gan's family had failed in their attempt to obtain an injunction to defer hearing of the application in the Syariah Court. -- Bernama


Monday January 21, 2008

Eldest son claims dead father was a Muslim

SEREMBAN: Police yesterday took away the remains of a 74-year-old man from a Chinese funeral parlour near here after his eldest son claimed that the deceased was a Muslim.Abdul Rahman Gan Abdullah, 47, who had embraced Islam several years ago, lodged a report at the Seremban 2 police station claiming that his father, Gan Eng Gor, had converted to Islam on July 3 last year and had taken the name Amir Gan Abdullah.When met at the funeral parlour, one of Eng Gor’s eight other children, Hock Sin, said the family was shocked to hear of this.“When my father died this morning in Klang, I called to inform Abdul Rahman as he was the eldest. The entire family is shocked at his claim.“We have been practising Buddhists all our lives. How is it that none of us, including my mother who has been looking after my sick father for the past two years, has no knowledge of this?” asked Hock Sin.Temiang assemblyman Datuk Tiger Lee Yuen Fong and Rahang asemblyman Datuk Yip Chee Kiong, who were at the funeral parlour, appealed to all parties to remain calm and allow the authorities to assess the situation.They also spoke with Eng Gor’s widow, Chua Chun, 65.Hock Sin said it was not possible for his father to have embraced Islam as he had been bedridden for the past two years after suffering a stroke.“He could not talk, so how was it possible that he converted?”
State Islamic Affairs assistant director Mohd Yusof Tahir, who arrived at the funeral parlour later, produced copies of a certificate and a card from the department which stated that Eng Gor had embraced Islam on July 3 last year.Abdul Rahman was not present.Speaking to reporters later, Mohd Yusof said the matter would be heard before the Syariah Court today.Lee told reporters that the MCA would help appoint a counsel for the aggrieved family.Eng Gor’s remains are being kept at the Tuanku Jaafar Hospital mortuary. Court defers hearing on man’s religious status

SEREMBAN: The Syariah Court here yesterday deferred the hearing to determine the religious status of a 74-year-old dead man to allow his family to appoint a syariah counsel.
Registrar Abdul Razak Mat Nayan told the dead man’s children that they would also have to submit the names of those who would testify during the hearing as part of the court process.
On Sunday, police removed the remains of Gan Eng Gor from a Chinese funeral parlour near here after his eldest son claimed that Eng Gor was a Muslim.
Abdul Rahman Gan Abdullah, 47, who had embraced Islam several years ago, lodged a police report claiming that his father converted to Islam on July 3 last year and had taken the name Amir Gan Abdullah.
However, Eng Gor’s widow, Chua Chun, 65, who had been looking after her bedridden husband over the past two years and the couple’s seven other children, denied this.
Wednesday January 23, 2008

Family disputes dead man’s conversion, takes case to court


SEREMBAN: The family of a 74-year-old Chinese man who died on Sunday filed a case at the High Court here yesterday challenging his conversion to Islam.
The summons was filed by Gan Eng Gor’s sixth child, Gan Hock Lim, 40, a supervisor living in Klang.
In his application, he named his eldest brother Abdul Rahman Gan Abdullah and Shasainie Siau Abdullah, who purportedly witnessed the conversion, as first and second defendants.

He also named the state Islamic Affairs Department, Islamic Affairs Council (MAINS) and the National Registration Department as defendants.
On Sunday, police took away Eng Gor’s remains from a funeral parlour near here after Abdul Rahman claimed that the deceased was a Muslim. Eng Gor’s remains are now in a hospital morgue.
Abdul Rahman, 47, who embraced Islam several years ago, lodged a police report at the Seremban 2 police station claiming that his father had converted to Islam on July 3 last year and taken the name Amir Gan Abdullah.
Eng Gor’s widow Chua Chun, 65, and the couple’s seven other children were shocked when told of this.
Speaking to reporters earlier, Hock Lim said it was strange that his father could have converted because he had vehemently opposed his son’s decision to embrace Islam.
“My father suffered a stroke five years ago and another one two years ago. Since he was unable to talk or walk, how could he have indicated his intention to embrace Islam?” he asked.
In his application, Hock Lim also asked MAINS to defer the case at the Syariah Court to decide on his father’s religious status. An application was filed at the Syariah Court on Monday by MAINS officials.

Chinese buried as a Muslim after ruling

Posted by Raja Petra
Saturday, 26 January 2008
Syariah Court ruling angers his Buddhist family, who insist his conversion was impossible A CHINESE man was buried as a Muslim following a court ruling, sparking angry protests yesterday from his Buddhist family who said it was medically impossible for the paralysed man to have converted to Islam.
An Islamic Syariah High Court in Negeri Sembilan ruled on Thursday that Mr Gan Eng Gor, 74, also identified as Amir Gan Abdullah, was a Muslim and should be buried under Islamic rites. The burial took place late on Thursday afternoon in Negeri Sembilan. 'My father was paralysed for the past two years after a stroke, he couldn't walk or talk at all. How could he have converted?' said Mr Gan Hock Sin, 42, one of the deceased man's eight children. He added that the only proof the family had of their father's conversion was a thumbprint on a document. 'We have been practising Buddhists all our lives. How is it that none of us, including my mother, who have been taking care of my sick father for the past two years, knew of the conversion?' he told The Straits Times.
'My father was paralysed for the past two years after a stroke, he couldn't walk or talk at all. How could he have converted?'

MR GAN HOCK SIN, a son of the dead man.The man's body was seized by police when the family was carrying out Buddhist rites at a Chinese funeral parlour. The police action came after a complaint by the deceased's son, Mr Abdul Rahman Gan, 47, who became a Muslim 10 years ago. He claimed his father converted to Islam last July. But the rest of the family denied the conversion and launched a legal battle. The deceased's wife, Madam Chua Chun, 65, has said that her husband did not perform his duties as a Muslim and continued to eat pork. But Negeri Sembilan Syariah Court judge Mohamad Nadzri Abdul Rahman said he ruled in favour of the eldest son because Madam Chua and her seven other children were not in court and he could not hear their arguments. Mr Gan Hock Sin said the family did not go to the Syariah Court because they felt it was unfair to hear the case there when they were not Muslims. 'I am not satisfied with the way the courts handled this. It is unfair for us, for non-Muslims,' he said. The family had asked the state's civil High Court to hear the case, but a judge ruled he had no jurisdiction in the matter as the Syariah Court had already made a decision. Malaysia has a dual court system for civil matters, with secular courts for non-Muslims and syariah courts for Muslims. In interfaith disputes involving Muslims, the syariah court usually has the last word, making a favourable decision for professed non-Muslims less likely. The case is the latest in an increasing number of religious disputes that have raised tensions among non-Muslim minorities who feel that their rights are being eroded in favour of the official religion of Islam. In a separate case earlier this month, the Islamic authorities had claimed a Chinese woman's body, arguing that she had converted. But the dead woman's husband, who maintained that she had been a Christian until her death, won the case after the authorities withdrew their claims, saying her conversion had not been carried out according to Islamic law. By Hazlin Hassan,

The Straits Times

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Where is the Hikmah?, the so called muslim intelectual like Dr Syed Tawfik Ali may I ask? If this thing keep going than it erodes my self believe in Islam in Malaysia. My faith remain intact but my believe in the people remains weak. I am a Muslim, I remain so because I believe in it but I decry that many who sits on the bench do not have hikmah but mostly overzealous bigot. I have no faith in man of robe, forgive me for I do not understand. Tell me what I say is wrong and I beg to be taught for basically the fundemental religion that I know of do not condone this act of stupidity. The little bit of Fekah and Usuluddin taught me that the body is a vassal. The carrier of soul, when a Muslim dies he soul will go to another world, Alam Barzakh, a world where we were taught is not our domain but God's. In faith we accept it, so I beg to ask who has right on the vassal? That is the question we have to ask. A kadi(Islamic Judge) should be about dispersing justice, not avoiding one. We are wrong for not caring for our brothers, for not consoling him for not being there when he needed the most is it right we have ownership on the vassal? As a Muslim we know we can pray (sembahyang Jenazah) without the body being present, we can still conduct our gatherings of prayers to him without him, do we need the body to be buried according to Muslim whereas his conversion is suspect? If there is a dispute isn't it better if we look at ourselve whether we have done any wrong? Why do we need to create hardship to the family bereaved? It was our mistake for not attending to him, burrying him doesn't make it right? The living continues to live while the dead lies dead! Why do you have to make two wrongs and think it is right? Whether he is cremated or buried or thrown to the sea, it is just a vassal, let's contest on the vassal and look at the fact of the case. The Kadi must be wise enough to understand the dispute. Whether he is a Muslim that is secondary, look at the history of Islam, look at perjanjian Hudaibiyah and look at the tragedy of the Jews in Madinah. Muhammad never dispense justice of the sword, he has always been magnimonous, in his last hadiths(speech) he says those who follow the book and my sunnah will never be let astray so follow that please!
The great thing about islam is its justice and if you care to read Karen Armstrong, justice was the focal point of the religion development. Justice must be serve done and not just heard. Sometimes it is hard to the right thing but a kadi should be rule by facts and understand the facts. If the reason for the ruling is because the non muslim family did not come to the court then, are they wrong? When the tribe of Israel in Madinah was tried for treason they refuse to accept Islamic Law and court, Muhammad relented and tried them under Torah law which mandated that all Male age 11 to 60 to be kill so be it, it was their law. Look at fact of the case, when a person has stroke one of the blood vessel in your brain has burst, some is so severe you lost the ability to talk and walk. You are incapicated. It affect the brain, does it affect your cognative ability, your reasoning, perhaps no but from experience it does, a bit. So judge base on the facts available. Two wrongs doesn't make a right, it make worse. Here is some more disturbing news and I appeal to the Muslim to ponder Wherein lies justice in Islam as practise in Malaysia?

Justice and Fair play for the family of Gan Eng Gor (deceased)

Posted by Raja Petra
Monday, 28 January 2008
The Majlis Agama officers came and attempted to snatch the dead body, all our family members more shocked and angry, we resisted and strongly protested against the removal of our father’s body.

1. Our father was seventy four (74) years old. He suffered a severe stroke in 2006. He was as immobilized,bedridden, mentally unsound, cannot speak, partially deaf and has very poor vision.
2. We transferred him to stay with one of our brothers in Klang. Our aged mother looked after, bathed and fed him. She also helped to look after our nephews and nieces.
3. Our father died on 20th Jan 2008. As Gan Hock Seng (the eldest son) is a member of the family, we informed him of our father’s death. He was then told us that our father is a Muslim, we were shocked and did not believed him. So we continue to perform the wake service as our father have never led a muslim life. The Majlis Agama officers came and attempted to snatch the dead body, all our family members more shocked and angry, we resisted and strongly protested against the removal of our father’s body.
4. We obtained his alleged conversion papers from Majlis Agama the second day.
5. We were advised by our solicitors that there are serious irregularities in the said conversion papers especially the Declaration of Conversion into Islam.
a). The declaration was before a Pegawai Ukhuwah. His rubber stamp was on the paper but that officer did not sign.
b). Further there was no signatory at the certification column.
c). There was an illegal alteration on the date to 3rd July 2007.
d). The thumb print was questionable as we are certain that our deceased father was in Klang and not at the address No. 451, Taman Megaway, 70400 Sikamat, Seremban as stated in the application form.
e). His address stated in the Borang Perakuan Memeluk Islam is No: 1272, Jalan TBK 6/2, Taman Bkt Kepayang, 70200 Seremban, the residence of the eldest son. We wish to state that our father has never resided at this address.
f). The Majlis Agama Authorities claimed that our deceased father made an oral declaration in Arabic accepting the Muslim faith. Our family has medical confirmations from three doctors that our father was unable to speak.
g). We were asked to appear before the Syariah Court Seremban, we believe the Syariah Court is for Muslims only.
h). We refused to attend at the Syariah Court on a matter of principle as non-Muslims. We refused to submit to the jurisdiction of the Syariah Court.
i). The Syariah Court made a unilateral declaration that our father is a Muslim and is to be buried in accordance to Muslim rites.
j). We filed an application at the High Court Seremban to adjudicate on the validity, authenticity, veracity and legality of the conversion paper especially the declaration of acceptance into Islam.
k). The High Court Seremban dismissed our application on the ground that he has no jurisdiction to hear this matter as the subject matter falls within the purview of the Syariah Court. We beg to differ.
l). We were indeed shocked and aggrieved at the simplistic way the High Court disposed off this matter. We only seek justice, fair play and to find out the truth on his alleged conversion.
10. The eldest son Gan Hock Seng converted to Islam years ago. Our father and mother had strenuously opposed his conversion.
11. This eldest son had allegedly converted our father without the knowledge of our other and all other seven siblings.
12. Further, the eldest son had NEVER taken care of him physically and financially. He hardly visited him too.
13. Even if the eldest son had converted our father, we like to ask:
i). Why is it that he did not take care of him and brought him to stay in his house to lead a Muslim life?
ii). Why did he allow our father to continue living in a non‐Muslim home in Klang ? Our father had never prayed and continued eating pork and other non‐halal food. He never revealed to anyone that he has converted to Islam.
iii). Why he as a Muslim, did not ensure that our father (if he had been indeed converted) led a Muslim life ?
iv). Why is it that the Agama Islam authorities did not visit and follow up with our father – the alleged new convert, after his conversion?
14. We believe we have been unfairly treated by our eldest brother and the Agama Islam authorities in this alleged conversion of our father. If there had been a conversion, we firmly believe that the Agama Islam authorities should have informed all members of the family. There should not be a fight over the body of dead person. There should be dignity and respect on the dead person.
15. We hope the PM and the higher ups in the Islamic Authorities review this case and to ensure that the truth is unravelled. We hope that all conversions to Islam is fair and transparent and made known to all the next of kin of the convert.
We Seek Justice, Fair play and Truth in this matter.
Gan Hok Ming for and on behalf of the family members of Gan Eng Gor (deceased)
Date: 25th January 2008
Justice and Fair play for the family of Gan Eng Gor (deceased)


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