His remarks, in an interview with Malay Mail Online, came as the federal government moves towards clarifying the law on conversions and child custody, sparked by the Indira Gandhi controversy.
His remarks could not be immediately confirmed.
Tuan Ibrahim said Islamic principles provided that Indira’s former husband, K Pathamanathan, who converted to Islam with the name Muhammad Riduan Abdullah, must give maintenance payments for their three children, and receive visiting rights.
“In the context of Islam, it is true that the mother has the rights to care for the kids, and she must have that right,” Tuan Ibrahim was quoted as saying.
“The father must also be given the rights to see his children. Have to be fair to both parents. In Islam, the mother must be given custody but the father, regardless of whether his family had also embraced Islam like him, must provide alimony for his children.”
The Indira Gandhi case has pitted the civil courts against the syariah courts in a tussle over primacy and jurisdiction. Indira’s husband took away their youngest child, daughter Prasana Diksa then aged 11 months, in 2008 and unilaterally converted all three children.
The Ipoh High Court granted her custody of her children and quashed their conversion; however, the Court of Appeal overturned the decision and said their religious status must be decided by the syariah court, a decision which outraged many lawyers and politicians.
Indira’s former husband had separately sought a syariah court order, which granted him custody and the police have taken no action to enforce a high court order that he return Prasana.
The appeal court decision prompted the Cabinet to form a team of six ministers to seek a resolution. Earlier today, MIC president S Subramaniam, who is in the Cabinet team, said amendments to the law will be sought in order to obtain a permanent solution.
In the interview published by Malay Mail Online this evening, Tuan Ibrahim said explained the syariah court’s position in view of the four schools of thought in Sunni Islam.
All four held that mothers had the right of custody. However, Malaysian syariah was aligned with the Shafi’i school which does not provide such rights to a non-Muslim mother, although the child may to be handed over to the mother if she has not remarried, Tuan Ibrahim said, according to the report.
Tuan Ibrahim contended that the syariah court could also review its earlier decision to one based on the Hanafi school of thought.
He suggested that a mediator be appointed to negotiate between the parents “so that the mother can have all her children back, while the father has the access to see them”.
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