I am writing this not to spite or saying that I am against religion. As for me, in religion I don’t think there are certainties…. As we all are human and at times the ‘do’ and the ‘don’t’ are based on the Al-Quran teaching and being interpreted by humans. So I am skeptical in that who to judge this and that as for me all the end of the day, it is up to Allah. First of all, I am writing not to be provocative but just a wonder in my mind.
I mean I came across few cases in my work that at times made me wonder about ‘hukum’ especially ‘Syariah’. I don’t even know it’s the right term. In my profession, of course we need to be flexible in that we have to attune to beliefs, cultures and religions. That the challenge that I face in my profession. I do not deny that at times, I believe in supernatural and others when there are cases that I can not explain and can not do anything about it.
The reason is that this morning, we were discussing about a sensitive issue. A case referred for an intellectual assessment functioning in relation to concern about a client’s mental capacity entailing decision making and judgment following a request for Tubal Ligation by the client and family. The thing is that this client is suspected of intellectual deficiency (in other word mental retard) in that this client has poor insight that that the client could not think straight causing problem in that the client bored children out of wedlock. The client has a very difficult and poor family dynamic as well. Client is a divorcee with few children and poor economy background. Client is living with welfare allowance and her problem caused many social and financial issues to her family. And hence to avoid further pregnancy and this would caused money issues, the carer requested for tubal ligation. Reason is to avoid further pregnancy and this would curb the money issue as they are unable to bear the expenses and even now living on welfare. I believe the family doing this for the good. But the decision before was rejected as it was said against the law, fair enough and the religious affair was involved and this is against religion. This client is a convert. The religious affair stressed that by allowing the procedure would encourage the client to do more ‘maksiat’. For me, I don’t know. My personal opinion taking account all the background history, I agree for the client to have the procedure. Maybe it is against religion but I am looking at the big picture, doing this would curb a lot of problem. Money and social issues. As not only the client that I feel we must look after, her children and her family who looked after her. I know it can be argued that she would do more ‘maksiat’ but one problem i.e. pregnant again would be prevented and this would save a lot of headache about expenses. My finding that this client is MR and hence family or POA is advisable and her family has the right for the procedure although I am skeptical that Religious affair would counteract this. We are yet to see.
My previous experience, few years ago I was involved in a NAI case for a 1 yr plus old baby boy. The history was that this boy from birth was adopted to a family. The biological mother was a young lady unmarried (only 17 yrs of age) and no idea who was the father. While this happened (during pregnancy), her family wanted nothing from her and she was taken care by a family whom later agreed to adopt the baby. They even went to court for adoption registration etc. And the adopted family had no problem ith biological mother to come and be with the baby but after the birth, the biological mother left the house and never took care of the baby. A year plus later, the biological mother and family wanted the baby back. A minor accident happened to the baby that he was brought to hospital and we were involved. The adopted family accused of abuse by the biological family. I was asked to assess the situation and I did investigation. Many loops. One thing (well despite this my decision was made up) I was told that the mother planned to give to another family for money. I was not biased but probing the background history, the biological family did not care before and the baby from birth looked after by adoptive family and brought up by them and attachment to them. Pead Doctors, MSW and myself all came to conclusion that the adopted family had more rights. Guess what happened, without any logical explanation, I remember I was really frustrated that when the religious affair came into picture and intercepted the outcome. Biological mother above all, without question (according to religion) had the right. When I tried to argue, I was told off… it is in religion and I was not supposed to question. I remember I was so frustrated and angry that I refused to get involve after that.
Another issue I had was we had a client with marital issue. Few years abused by husband. Second wife converted. She wanted divorce as could not bear with abuse and furthermore as she was a convert her child was taken away by first wife to be looked after as they felt she was unfit. For 6 years we saw her, case never solved and eventually went to court. She lost the case and what frustrated us was that among the explanation she was a convert, if divorced and she went back to her country, she would reconvert back (fair enough) but for us… for many years she was suffering, husband and family abusive physically and verbally to her and she wanted to save herself (even trying killing herself) and the ‘syariah’ court rather kept her in her hell rather than saving her. Serious I did not keep in touch with this case.
Another example, we had a case. A lady very stressful clinically that referred to us. Found out family issues and with that also, the husband not well. Along the sessions we saw her, her husband passed away. Now the problem was huge. Initially before, she was living with her husband family but they moved out using government house as so many conflicts in the house. She has no children but they have two adopted children. The thing is that after the dismissal of the husband, she had to move out of her flat as husband no longer alive and she had no place to live. The husband did build before and now his family lived there. When she asked to live there, not granted as she was told she had no right and furthermore her husband had passed away. She did file a complaint to ‘syariah’ court. And again, like I said to some… I believe there are certain Islamic rules do fail us. She as a wife according to ‘paraid’ not entitle to husband’s wealth. And furthermore, no biological children as adopted children has no rights in Islamic rule. She lost. And she continued being our patient and once tried to commit suicide even. She is a wife and husband passed away, everything gone. ‘Syariah’ law failed her there. I just can’t seem to make peace with this as I was like so a wife meant nothing in the eye of islam?.
Like I said I don’t know.
My Epiphany
13 years ago
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