Another TUG-O-WAR for Dead BODY of Rayappan Anthony, 71 at KL HOSPITAL Morgue. Family Claim he Renounced MUSLIM Faith and RETURN to Family
Rest in Peace, Rayappan.Remember life implies death, and death implies life.
Death is therefore as creative as birth, as necessary for action and consciousness in your terms. Rest assures that death is another beginning. A death is just a night to your soul. You had lived before and will live again
UPDATE:
TUG-O-WAR For BODY of Rayappan BODY Over: FAMILY Wins; MAIS Lost: Mais chairman Datuk Mohamed Adzib : OVER-WHELMING EVIDENCE Beats Gathered Information
It was better late and NOT prolonged that this tussle is now over. MAIS right from the beginning should have decided in favor of Rayappan’s widow when ALL the Overwhelming evidences were adduced. Perhaps there is some pressure from above that MAIS relents.
Mais Decides Not To Claim Rayappan's Remains;
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from STAR;
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MPs: Body tussles can be avoid; B. Suresh Ram Updated: 07:41PM Thu, 07 Dec 2006 KUALA LUMPUR (Dec 7, 2006): Some Umno MPs are of the opinion that body tussles involving Muslim converts who leave the faith could be avoided if the religious authorities did their jobs professionally. They feel that cases like Anthony Rayappan's could be dealt with administratively, and need not have to be referred to the syariah court. In addition, educating Muslims and non-Muslims on the do's and don'ts would also help to prevent either side from being hurt in such disputes.
Datuk Zaid Ibrahim (BN-Kota Baru), a prominent lawyer, said it was to resolve these kinds of issues that the much-maligned Interfaith Council was proposed. "The proposed council could advise the government and relevant authorities when faced with such situations," he told theSun. He said it was only through dialogues between different communities could such a matter be resolved and that in Islam, dialogue was encouraged. "Muslim scholars have spoken on this and we need to involve people of different faiths and talk on topics such as this," he said. Zaid said the other option which the government could look at to resolve religious issues involving extra-legal or Constitutional matters was setting up a
Shahrir Abdul Samad (BN-Johor Baru) (ABOVE) said the Rayappan issue and other such cases could be resolved administratively by the authorities without involving the syariah court. "How can the (information) on the MyKad be wrong?" he asked, referring to the report that Rayappan's MyKad gave his status as Christian after the National Registration Department approved his request for change of particulars.
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Cabinet Wants A. Rayappan's Religious Status Determined;
Prime Minister Datuk Seri Abdullah Ahmad Badawi (ABOVE) said the Cabinet meeting Wednesday had discussed the tussle for his body between the Selangor Islamic Religious Council (Mais) and his family. "The Cabinet agreed that the matter be left to the Attorney-General's Office to be resolved," he told reporters after officiating the opening of the Bio-Malaysia Expo and Convention 2006 at the Kuala Lumpur Convention Centre here. Rayappan's family members claimed that he had renounced Islam and re-embraced Christianity several years ago but Mais maintained that he was still a Muslim. Rayappan, 70, a former van driver, died at the
UPDATE:
TUG-O-WAR For BODY of Rayappan Continues; COURT Revokes Order for MAIS; Widow Sues Hospital, Govt for Hubby's Body; Seeks Damages & Declaration He is A Christian; DAP: Amend Article 121(1A)
You do not acquire a 'spirit' at death. You are one, now! You adopt a body (to experience earth life) just as a scuba diver wears a scuba diving suit (to survive undersea) and for much the same reason a space traveler wears a space suit (to survive in space).
You were born into a state of grace. It is impossible for you to leave it. You will die in a state of grace whether or not special words are spoken for you, or water or oil is poured upon your head or you need to place joss sticks for your ancestors.
You share this blessing with the animals and all other living things. You cannot fall out of grace, nor can it be taken from you.
You can ignore it. You can hold beliefs that blind you to its existence. You will still be graced but unable to perceive your own uniqueness and integrity, and blind also to other attributes with which you are automatically gifted.
Court revokes order; STAR
Tuesday December 5, 2006; By CHELSEA L.Y. NG and CECIL FUNG; KUALA LUMPUR: An order allowing the Selangor Islamic Religious Council (Mais) to claim the body of van driver Rayappan Anthony has been revoked to enable his widow to tell the Syariah High Court her side of the story.
The Syariah High Court in Shah Alam yesterday scheduled a hearing in the afternoon to allow Lourdes Mary Maria Soosay to testify why her late husband's body should be released to her. The hearing was adjourned to today as the 65-year-old widow did not turn up. Lourdes Mary, a cancer patient, was at that time filing an application at the civil High Court here for Rayappan's body to be released to her.
According to a source, Mais officials are expected to serve a subpoena on Lourdes Mary this morning to appear for the hearing in the Syariah High Court. Rayappan died of complications from diabetes at Kuala Lumpur Hospital (KLH) on Wednesday. When his family went to claim his body on Thursday, Selangor Islamic Affairs Department (Jais) officers stopped them, claiming Rayappan was a Muslim. On Friday, a Shah Alam Syariah High Court granted an application by Mais to claim Rayappan’s body but required the council to get the endorsement of the Federal Territory Syariah High Court. It revoked the order yesterday and fixed hearing for the afternoon.
A frail-looking Lourdes Mary made her way to the civil High Court yesterday, accompanied by some 20 family members and relatives, lawyers and several opposition MPs. “I want Rayappan Anthony back. I want my husband back as a Christian. I will stand by this until I get his body,'' she said in between loud sobs as she met the press.
Lourdes Mary is seeking the release of Rayappan's remains for a Christian burial and also an injunction to stop all other parties from claiming his body. The matter has been fixed for hearing before Justice Kang Hwee Gee at
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05/12: Body tussle case:
It has been a week since 71-year-old A. Rayappan died. As his body lie in the
His widow M. Lourdes Mary, a cancer victim, sued the
She wants the court to:
* declare that Rayappan is a Christian who had practised the religion until his death on Nov 29.
* instruct the HKL to hand over Rayappan's body with immediate effect
* to restrain the HKL from handing over the body to anyone else, in whatever way, other than his wife.
The case has been fixed for hearing on Monday (
At the
The Syariah court, which had issued an ex-parte order to release Rayappan's body to the Selangor Islamic Affairs Council (MAIS) to be buried according to Muslim rites, has now asked his family via a letter to attend an inter-parte hearing in the interest of fairness and "as per instruction".
His widow's lawyer was also told to prepare affidavits to be presented to the court at a hearing scheduled for Monday (
The lawyer's response: Rayappan's family members are not Muslims and they will not appear before the Syariah court and submit to its jurisdiction.
It is learnt the hearing was later postponed to Tuesday (
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05/12: Rayappan's widow sues hospital, govt for hubby's body
R.Surenthira Kumar; The Sun
The widow of A. Rayappan whose family is embroiled in a tussle with the Selangor Religious Affairs Department (JAIS) for the 71-year-old man's body today filed a suit against the Kuala Lumpur Hospital (HKL) and the Government.
The civil suit, filed by M. Lourdes Mary, 65, through her lawyers at the Civil High Court in Wisma
* a declaration that Lourdes Mary is the lawful wife of A. Rayappan until his death on Nov 29;
* a declaration that Rayappan is a Christian who has practised the religion up until his demise on Nov 29;
* a declaration instructing the HKL director and/or the hospital, on its own or through its agent/staff or representative to hand over Rayappan's body with immediate effect for burial;
* an injunction preventing the HKL director or HKL from continuing to hold Rayappan's body and/or prevent them from restraining Lourdes Mary from claiming her husband's body, with whatever means; and
* an interim injunction instructing the first defendant to hand over Rayappan's body to his wife and also restrain the HKL or its director from handing over the body to anyone else, in whatever way, other than his wife.
The suit also asked for general damages, special damages to be assessed, costs and whatever relief deemed fit.
Lawyer A.Sivanesan said the suit was filed on an urgency ticket and they are waiting for a hearing date to be fixed. Assisting Sivanesan are lawyers M. Manoharan, R.Kengdharan, R.Prabakaran, K.Ramu and M.Kulasegaran.
Last Friday (
MAIS however could only claim the body today after it obtained an endorsement from the
Sivanesan told reporters a lawyer from JAIS sent him a letter this morning requesting Rayappan's next-of-kin to appear at the Shah Alam Syariah High Court inter-parte proceeding to give evidence and that he gave them details of the deceased's relatives for them to issue a subpoena.
The letter said that in the interest of fairness and "as per instruction", the department also wanted Rayappan's family members to prepare affidavits to be presented to the court at the hearing scheduled this afternoon.
Sivanesan said he replied by fax stating Rayappan's family members were not Muslims and that they would not appear before the Syariah court and submit to its jurisdiction.
However, it is learnt the hearing was later postponed to tomorrow.
He also notified JAIS that Rayappan's body be handed over to his lawful wife forthwith and also for the department not to cause any disturbance in the handing over of Rayappan's body to Lourdes Mary.
Sivanesan added they did not name JAIS as party to the suit as Rayappan's family felt that it had nothing to do with the issue as Rayappan is not a Muslim.
During the filing of the suit, a number of DAP MPs were present.
Sivanesan said Parliamentary opposition leader Lim Kit Siang will raise Rayappan's case in parliament.
Speaking to reporters later, Lim said the amendment to Article 121A of the Federal Constitution, which was amended in 1988, had caused injustice as the matter was not properly and fully debated before it was passed.
He said there was no opportunity for Opposition MPs to debate the matter as they were held under ISA during Operation Lalang.
DAP secretary-general Lim Guan Eng, meanwhile, said the civil courts should not deny the fundamental rights of a citizen for his/her case to be heard.
"The rights of the non-Muslims will be under siege if the government succumbs to the orders issued by the Syariah Courts," added Guan
Rayappan's widow, Lourdes Mary, who is suffering from breast cancer, her 45-year-old daughter, Mary, and other family members and relatives were also present. The High Court fixed next Monday (
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And DAP lends its support
Amend Article 121 (1A): Kit Siang; B. Suresh Ram, SUN
KUALA LUMPUR (Dec 5, 2006): Opposition Leader Lim Kit Siang urged the weekly Cabinet meeting tomorrow to consider amending Article 121(1A) of the Federal Constitution to rectify the injustices arising from cases such as that of A. Rayappan and M. Moorthy. "Such injustices were never intended when Parliament enacted the constitutional amendments (to the article) in 1988," he said in a statement relased in the Parliament lobby today. Lim urged the Cabinet to initiate a consultation to review Article 121 (1A) to ensure that the constitutional guarantee of freedom of religion - enshrined in Article 11 - is given its full and proper meaning and safeguards.
He said
Lim said the constitutional amendment, which was debated for two days in March 1988, was passed at a time of national crisis when the principle of separation of powers was under attack, judges were threatened with impeachment, and seven DAP MPs detained under the Internal Security Act during Operation Lalang. "This was why Karpal Singh, Dr Tan Seng Giaw, Lim Guan Eng, Lau Dak Kee, the late P. Patto and V. David, and I did not take part in the parliamentary debate in March 1988," he said. In Petaling Jaya, the chairman of the Christian Federation of
UPDATE Dec 02 06
I have to perform the last rites, as his lawful wife ...R.Surenthira Kumar Updated:
declaration and reinstated Rayappan's religious status to Christianity. Speaking to reporters in lawyer A.Sivanesan office in Brickfileds this afternoon, a sobbing Lourdes Mary fears the outcome if JAIS get the order it wants from the
claim the body for the proper burial rites. "JAIS officials have been very secretive about the documents they had in their possession on the status of Rayappan's religion. After many attempts to reach JAIS officials, I managed to speak to Ustaz Anuar Hamzah Tohir, who told me I will be informed once they obtain the court order. "Together with my co-counsel M.Manoharan, we will file an injunction to
restrain Rayappan's body from being buried and for it to be released to
Rayappan's family. "We will file the papers on Monday (Dec 4) on a certificate of urgency," he said. Sivanesan said even if JAIS succeeds to calim the body today and bury it, "we will apply for a court order to exhume the body and hand it over to Rayappan's family. "We have the latest documents to prove that Rayappan, who had embraced Islam in 1990, had renounced the religion on
from the
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KUALA LUMPUR (Dec 1, 2006): A tussle between the family of a dead man and the Selangor Religious Department (JAIS) at the Kuala Lumpur Hospital mortuary came to a deadlock yesterday when both parties did not reach a
decision on who had the right to the remains of the man, who had embraced
Islam but had, years later, renounced the religion. The grief-stricken family members suffered a second blow when JAIS officers told them that 71-year-old Rayappan Anthony, who died on Wednesday at KLH following prolonged illness, was a Muslim and restrained them from claiming his body. "He was calling out the name of Jesus in his death bed. He never observed the Muslim way of life as he consumed pork and alcohol and had never fasted. He went to church and had even received Holy Communion from a priest days before his death," said Rayappan's daughter Jeya Mary. "Now, after all these years of caring for him, why has JAIS turned up at this painful moment to take away the body of my father, who is no longer a Muslim. Where is the justice?" Rayappan's family admitted that he was born a Roman Catholic and had six children from his Christian marriage, but had converted to Islam in 1990 when he married a Muslim woman. The children said they were not aware of their father's Muslim status until he returned to them for good eight years later. Lawyer A. Sivanesan, who is representing the family, said Rayappan, who was known as Muhammad Rayappan Abdullah after the conversion, had made a statutory declaration with a commissioner of oaths in 1999, stating his wish to renounce Islam and return to Christianity. He said the documents, which were prepared by a lawyer and executed by the commissioner of oaths, were submitted to the National Registration Department (NRD), which accepted the declaration and reinstated Rayappan's religious status to Christianity. "When we showed the JAIS officers the MyKad, they told us, Ôitu MyKad boleh koyak dan buang' (that MyKad you can tear it up and throw it away). "They said the details in it are invalid," said Jeya. He said the NRD had also issued a MyKad, which stated Rayappan's religion as Christianity. At about
that she be allowed a burial according to Buddhist rites as she had never
practised Islam.
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Chaos At KL Hospital Morgue Over Rights To Body; 
The argument had been going on at the morgue's compound since Wednesday. A.Sivanesan, lawyer to Rayappan's family members, said Rayappan, from Section 19, Shah Alam, embraced Islam on
Sivanesan said Rayappan had made a sworn declaration before a Commissioner for Oaths to renounce Islam but did not submit the letter to Jais until his death Wednesday. He said Rayappan applied to the National Registration Department (NRD) on
Meanwhile, Rayappan's daughter, Jayamarie, 42, said her father had stopped living as a Muslim when he returned to his Christian family in 1999. "We hope we can claim the body amicably and our lawyer has given all the documents to Jais," she said. Jais refused to comment when contacted.
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= = = = and here is the STAR’s account with other details
Family and Jais fight for custody of van driver’s body
“In 1990, Rayappan became a Muslim and his whole family knew about it. But in 1999, he came back to Christianity and has been practising his faith ever since,” the lawyer said. Sivanesan said that in 1999, Rayappan submitted a deed poll to the National Registration Department (NRD) to change his Muslim name back to his original one and it was approved. “There are no arguments. NRD has issued him a MyKad with his original name and therefore acknowledged him as a Christian. He died a Christian and his body should be given to his family,” he said. Sivanesan said Jais officers showed him a statement dated June 2005 that Rayappan’s name was Muhamad Rayappan bin Abdullah and that they had issued him a card, verifying him to be a Muslim. “Why didn’t they issue him the card in 1990 when he first converted?
Why wait until now to show that they have issued him a card last year?” he asked. “The family only wants to point out that he was born a Christian, became a Muslim and then converted back to Christianity. All this was done legally and there is no reason why we cannot claim his body,” said Rayappan’s cousin Deva Sagayam.
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For related post on the SMS Message case by "Raja Sherina" go H E R E
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