‘Give and take as long as it is within Islamic norm’

PETALING JAYA: Syariah courts could have taken a non-traditional approach to M. Indira Gandhi’s case just as they did with several other issues, says Islamic preacher Nurul Haq Shahrir.

“The Syariah courts and our Islamic administration systems have taken non-traditional, non-Sunni approaches before, so the same mechanisms should have been extended to Indira’s case,” he said when contacted yesterday.

Nurul Haq said some of these non-traditional approaches included women judges adjudicating family issues related to marriage and divorce, as well as easing restrictions on non-Muslims to be heard in Syariah courts.

“The Federal Court’s judgment can be ascribed to an early Islamic authority, Sufyan Al-Thawri, although his view was not dominant and has since died out,” he said.

In the opinion of Sufyan, a jurist, a child could be under the care of the non-Muslim parent and follow the religion of the non-Muslim parent until the child reaches puberty, upon which time the child can choose his or her religion, Nurul Haq explained.

“Relevant laws must be amended to incorporate non-Muslims into the same Syariah system so no one will be deprived of their rights.

“If they had allowed Indira to be heard (in the Syariah courts) earlier, this thing will not have happened,” said Nurul Haq, who sits on various committees on Islamic matters as a volunteer.

As Malaysia employs a dual legal system, there are matters that need “give and take” as long as they do not involve doctrines or tenets, said Nurul Haq.

“So why don’t we give and take, as long as it is within Islamic norms?” he asked.