DEPUTY Prime Minister Datuk Seri Fadillah Yusof has stressed the urgent need for greater administrative coordination between federal and state governments to prevent legal conflicts arising from Malaysia’s dual legal framework, particularly in areas involving family law and human rights.
Delivering his keynote at the Muzakarah on Human Rights Issues from the Perspective of Maqasid Syariah on Tuesday, Fadillah said contradictions between British-influenced civil law and Islamic law were creating significant challenges in policy implementation.
“In Malaysia, we face a dilemma because many of our practices are rooted in British common law, which was later overlaid by Islamic law, particularly in family matters,” he said.
“This has caused conflicts within our legal system itself, and these must be resolved with wisdom to avoid politicising the issue, especially given our diverse population.”
He cited the administrative complications faced by families when marriages solemnised abroad are not registered domestically, resulting in children being deemed illegitimate under Malaysian law.
“If a marriage takes place overseas and is not registered in Malaysia, it creates administrative issues. The child may not be recognised as legitimate and cannot be registered by the National Registration Department,” he said.
“This not only affects the couple but significantly impacts the rights of the child, who may be excluded from national policies and legal protections.”
Fadillah also referred to disputes involving inter-ethnic marriages and their legal implications on land ownership and family status, particularly in Sabah and Sarawak.
“If there’s a marriage between a Malay and a Chinese, for instance, questions arise over their eligibility to own Malay reserve land – especially if the individual is not fluent in Malay despite having converted to Islam,” he said.
These complex and sensitive issues, he added, require more than court adjudication. They demand sustained federal-state dialogue to ensure national policies are both locally relevant and legally coherent.
“We need more engagement and discussions so that states can deliberate on these matters, allowing us to create a national policy that aligns not only with international values but also with religious demands and the principles of the objectives or purposes of Islamic law (‘maqasid syariah’),” he said.
Fadillah warned that without such coordination, overlapping jurisdictions could result in legal uncertainty, including disputes over the credibility of witnesses and the interpretation of civil, ‘syariah’, and human rights laws.
“If left unresolved, it could result in conflicting interpretations of civil, ‘syariah’, and human rights law across all areas,” he said.
He stressed that a harmonised approach to governance is essential to protect the rights of vulnerable groups, particularly women and children.
“This must be about finding a middle ground and long-term solutions to issues rooted in Malaysia’s unique legal history and structure,” he said, expressing hope that the muzakarah would lead to tangible policy outcomes at both national and state levels. - June 17, 2025
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