KUALA LUMPUR – Public understanding of Islam is often distorted, leading to misconceptions about the religion’s principles, said Chief Justice Tun Tengku Maimun Tuan Mat.
Referring to several high-profile cases involving religious sensitivities, the outgoing chief justice, who will retire in July, highlighted how misunderstandings of Islamic teachings have shaped public perception and influenced authorities’ actions.
Tengku Maimun cited the Indira Gandhi case as one she still reflects on, asserting that authorities allegedly failed to enforce court rulings in Indira’s favour due to the mistaken belief that Islam requires special protection.
“I suspect the order (by) the civil court (on) the mandamus order, the custody order (and) whatever else was issued by the civil court was not enforced by the authorities (and) the powers that be because of the misconception that we need to protect Islam,” Tengku Maimun, who is slated to retire in July, said.
The nation’s first female chief justice was speaking at the ‘Live to Lead: The Journey of the Chief Justice’ session at Universiti Malaya today. Youth and Sports Minister Hannah Yeoh, Deputy Dewan Rakyat Speaker Datuk Ramli Mohd Nor, and former women, family and community development minister Tan Sri Shahrizat Abdul Jalil also attended the event.
In 2009, Indira’s ex-husband Muhammad Riduan Abdullah unilaterally converted their three children to Islam without her consent and sought custody through the Shariah Court.
In 2010, the Ipoh High Court granted Indira full custody. The Federal Court affirmed this in 2016, directing police to arrest Muhammad Riduan and retrieve their youngest child, Prasana Diksa.
On October 28, 2020, Indira filed a suit claiming that the inspector-general of police (IGP) had deliberately neglected the mandamus order by failing to investigate or take action to return Prasana, now 17.
In June last year, the Kuala Lumpur High Court dismissed Indira’s civil suit against the police, with judicial commissioner Raja Ahmad Mohzanuddin Shah Raja Mohzan stating that the IGP’s efforts did not indicate any neglect of duty.
The Federal Court has since declared the unilateral conversion of Indira’s children null and void.
Commenting on the case, Tengku Maimun said there is no basis in Islam to justify separating a mother from her child, adding: “What sin has she (Indira) committed against any of us (to the point where) she has to face this agony?”
“When I decided on this case, one VIP told me that I had not upheld the principles of Islam and (failed to) protect Islam. When I asked which principles of Islam needed to be upheld, I received no reply, no response at all.
“My conclusion is that this (case) has got nothing to do with the principles of Islam. It is just a matter of plain principles of justice that a mother should not be deprived of her children and vice versa,” she added.
Tengku Maimun also referenced the Iki Putra and Nik Elin Zurina cases, emphasising they were about legislative powers rather than Islamic principles.
“Most people had an impression that these two cases involved upholding the principles of Islam or the Shariah Court, but it was simply a matter of demarcation between legislative powers at the state and federal levels,” she explained.
“In Islam, if you don’t understand something, there is the concept of ‘tabayyun’ (checking facts before making judgments). There is a misconception that any matter with even a small element of Islam is entirely about the religion — that is not true.”
Adding that it was “very hurtful” to have her faith and akidah (Islamic belief) questioned, she stressed that social justice is paramount in Islam, which does not advocate judging people based on race or religion.
She also expressed disappointment that practising lawyers had made remarks suggesting certain rulings undermined Islam.
“It’s preposterous. You don’t expect someone actually practising law to make those sorts of remarks,” she said, adding that people often let sentiment override their understanding of the law. – January 20, 2025