KUALA LUMPUR – A special body or council, involving the shariah and civil courts, needs to be formed to resolve the issue of overlap between both laws in this country, says Muslim Lawyers Association president Datuk Zainul Rijal Abu Bakar.
He said the body, for example, could be called the constitutional court, with an aim to reconcile the dual legal system practised in Malaysia.
“When there is a dual legal system, we cannot avoid an overlapping between the shariah and civil laws. When there is an overlap, we need to have another body to resolve the issue.”
He cited the case of a woman born out of wedlock to a Muslim father and Buddhist mother who recently succeeded in her Federal Court appeal to be declared a non-Muslim as a result of this system.
He also touched on the case of a man who was charged on August 21, 2019 in the Selangor Shariah High Court for attempting to have sexual intercourse with another man.
In this case, the accused also succeeded in his Federal Court appeal to declare Section 28 of the Shariah Criminal Offences (Selangor) Enactment 1995 invalid.
On February 28, the Federal Court ruled that Section 28, which criminalises unnatural sex, is inconsistent with the federal constitution and is, therefore, void.
However, Zainul Rijal said before the special council could be established, the status of shariah courts should be uplifted to be on a par with civil courts, with a hierarchy of five levels and having the same power.
“Some differences between the shariah and civil courts have made the former appear like a tribunal only to some quarters, which is not right. The shariah courts have their own jurisdiction, which the civil courts cannot interfere with.” – Bernama, March 4, 2021
