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Hindu family’s appeal over man’s religious status resolved by consent order

PUTRAJAYA: An appeal filed by a Hindu family relating to a dispute over the religious status of a former secondary school teacher B. Raguram who died four years ago has been settled amicably.

This followed a consent order recorded before a three-member bench of the Court of Appeal chaired by Justice Datuk S. Nantha Balan today.

The consent order, containing seven terms, was read out in court by lawyer A.Surendra Ananth, representing widow M. Rajeswary and her two daughters.

He said the respondents, comprising the Selangor Islamic Religious Council (MAIS), the Shah Alam Syariah High Court and the Selangor government, had agreed to the terms in the consent order.

Lawyer Arham Rahimy Hariri, representing MAIS, and Selangor state assistant legal adviser Khairul Nizam Abu Bakar, appearing for the Syariah High Court and the state government, confirmed the matter.

The terms included that Raguram’s widow and children are to inherit all of Raguram’s assets, including his pension, gratuity, emoluments and other interests.

The other terms are that Raguram’s body, which had been buried according to Hindu funeral, not be disturbed, and that the respondents will not enforce the order issued by the Shah Alam Syariah Court on May 21, 2020, to allow MAIS to register and administer Raguram’s purported conversion and burial of his body according to Islamic rites.

The Syariah Court made that order after it ruled that Raguram was a Muslim at the time of death.

Another term of the consent order is that Raguram’s widow and daughters remain Hindus.

Nantha Balan, sitting with Datuk Mohd Nazlan Mohd Ghazali and Datuk Dr Choo Kah Sing, thanked the parties for their cooperation and commended MAIS and the Selangor government for their display of tolerance.

“Nothing is impossible. Even appeals involving sensitive matters can be resolved amicably,” he said and hoped that this settlement could inspire others to refrain from taking the path of confrontation.

“Hopefully, this settlement will be an aspiration for others to refrain from taking the confrontation approach,” he said.,

On May 21, 2020, the Syariah High Court in Shah Alam issued a court order declaring that Raguram had converted to Islam on Nov 8, 2012 and that he was a Muslim at the time of death and allowed MAIS to take necessary action to register and administer Raguram’s purported conversion and burial of his body according to Islamic rites.

Raguram’s widow and their two daughters then filed a judicial review in September 2020 in the Civil High Court to challenge the Syariah High Court order. They named MAIS, the Syariah High Court and the Selangor government as respondents.

The High Court, in November 2022, dismissed the family’s suit and the family subsequently appealed to the Court of Appeal.

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