‘Place Syariah courts on par with civil courts’

PUTRAJAYA, 14 Sept -- Presiden Persatuan Peguam Muslim Malaysia, Datuk Zainul Rijal Abu Bakar (tengah) mengetuai barisan peguam selepas Mahkamah Rayuan memutuskan Gereja Katolik dilarang menggunakan kalimah Allah dalam penerbitan akhbar mingguannya The Herald di Istana Kehakiman di sini hari ini.--fotoBERNAMA (2013) HAKCIPTA TERPELIHARA

PETALING JAYA: The Malaysian Muslim Lawyers Association has urged state governments to amend their state constitutional laws to place the Syariah courts under the state’s constitution.

This move, which has been done by the Terengganu government, would place the Syariah courts on par with the civil courts, said association president Datuk Zainul Rijal Abu Bakar (pic).

“I also urge that all laws which restrict Syariah courts only to Muslims should also be amended to give flexibility to non-Muslims to appear in Syariah courts.

“By doing so, non-Muslims can also seek justice in the Syariah courts,” he said in a statement yesterday.

Zainul said while the association accepts the Federal Court’s landmark decision to disallow unilateral conversion of children, the Muslim community will have to wait for a similar case to come before the court to see if the present decision could be set aside.

He expressed disappointment with the judgment, describing it as setting a “strange” precedent in light of a previous Federal Court decision on unilateral conversion.

He was referring to R. Subashini vs T. Saravanan, where the apex court ruled in 2007 that a single parent could convert a child below age 18.

“Although the Federal Court is not bound by its previous decision, in such cases of public interest, it should be consistent,” he said.

Zainul also said he was worried that yesterday’s judgment could be an “excuse” for the Government to reintroduce Clause 88A into the Law Reform (Marriage and Divorce) (Amendment) Bill 2017 (LRA). The Government had withdrawn Clause 88A when it amended the LRA last year.

“Muslims should be united to reject any efforts to reintroduce Clause 88A,” said Zainul.

He also said there should be a review of laws regarding conversion to Islam, especially on the manner in which a child is converted. Zainul said a child who has yet to reach the age to converse, for example, need not recite the kalimah syahadah (a declaration of conversion) as it suffices if the parents are Muslim