THE MARIA HERTOGH RIOT

Presenter: Latifah Rabbaaniah binti

Jamaludin(E20132008164)

“If we have no peace, it is because we have forgot that we are

belong to each other.”

Mother Teresa:

The Maria Hertogh Riot

Division of speech:

Background Story

Issues Involved

Learning Session

Background story:

Syed Muhd Khairudin al Junied (2009):

- Maria Huberdina Bertha Hertogh @ Natrah @ Nadra binti Ma’aruf was born in Java, March 1937.

• Maria’s father: Adrianus Petrus Hertogh married with Adeline Hunter.

- He served as a sergeant for Royal Netherlands East Indies Army.

- He get caught by the Japanese army.

• Adeline hardly survive as a single mother to five small children.

• Adeline’s friend, Che Aminah help her by adopting Maria and brings her to Kemaman, Terengganu.

Fatini Yaakob (2010) in ‘Cinta,

Rusuhan dan Air Mata’:“This is a permanent adoption”

- Maria’s adoption was witnessed by Adeline’s elder brother, Soewaldi Hunter.

- No written document was made to show the consent from Adeline.

• Maria was raised by Che Aminah with Muslim and Malay cultures.

• One day, a British officer, Sir Arthur Locke pay a visit to one school in Kemaman.

• In one of the school event, Sir Arthur had met Maria. He started to investigate her.

• Che Aminah was called upon before the Court. She was unable to ascertain Natrah status as her legal foster child.

Issues in this case:1. Child adoption issue.

- On the 1st trial, Che Aminah had lose the case. She was unable to prove that Maria is her legal adopted child.

- The court had ordered her to return back Maria to her biological parents.

- She was allowed to make an appeal to British Supreme Court.

2. Legitimacy of marriage between Maria and Mansoor Adabi.

• On the 2nd trial, Che Aminah had succeed to claim for the custody upon Maria.

• To secure the custody, Che Aminah had arranged a marriage between Maria (15) and Mansoor Adabi (22).

• Mansoor Adabi was a training teacher at that time.

Islamic Law

• Marriage under age (16) is lawful & valid.

Dutch Law

• Children under age (16) follow the domicile of father.

• Marriage under age (16) is unlawful & invalid.

3. Court jurisdiction.

Tragic riot

11th-13th, December 1950:

- Many people were killed & injured.

- Many buildings & vehicles were

damaged.

- Fire was everywhere.

- Chaos situation.

What we can learn ?

• Those people are the victims of unclear & unjustified law at that time.

• We could not abandon the concept of ‘love’ in considering making a good judgment.

• This world needs love! Thank You