Enact law to remove overlapping jurisdiction

The law must be clear to ensure that the Syariah Court cannot have jurisdiction to convert minors without the consents of both parents.

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GEORGE TOWN: Gerakan national youth chief Tan Keng Liang has called on Parliament to remove the High Court and Syariah Court’s overlapping jurisdiction.

Tan urged all parliamentarians from both sides of political divide to join hands to resolve the pressing issue once and for all.

He said the law must be clear to ensure that the Syariah Court cannot have jurisdiction to convert minors without the consents of both parents.

He said the law must also ensure the Syariah Court shall not have jurisdiction to grant custodial rights of minors, who were not converted with the consents of both parents.

“As such, Gerakan youth hereby urge the Parliament to enact laws to remove the overlapping jurisdiction of the High Court and Syariah Court on this matter.

“Both Barisan Nasional and Pakatan Rakyat representatives must work together to resolve this issue,” said Tan in a statement here today.

He was commenting the case involving a Hindu mother, S Deepa, 20, who was given custody of her two children by the Seremban High Court last Tuesday.

A Syariah Court had earlier given custody of the children to her former husband, Izwan Viran Abdullah.

Subsequently the Muslim convert abducted the son Mithran from Deepa, 30, in Jelebu, Negeri Sembilan on Wednesday morning and allegedly caused injuries to her in the process.

Izwan has claimed that he abducted his son to protect him since Deepa’s intention was to challenge her children’s conversion to Islam.

Despite Deepa’s police report, Inspector-General Khalid Abu Bakar said the police was unable to act on the matter due to the conflicting decision by the High Court and the Syariah Court.

Some cyber commentators in social media, like Facebook, have even blasted Khalid of trying to be a “Muslim first than a lawman.”

However, Khalid came under fire from various quarters, including Hindraf national chairman P Waythamoorthy and Gerakan legal and human rights national bureau chairman Baljit Singh for trying be “the investigator, prosecutor, judge and executioner” all at one go.

Tan noted that under Article 121 (1A) of the Federal Constitution, the High Court shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Court, which deal with the Syariah laws.

However, he said there seemed to be an overlapping jurisdiction of the High Court and Syariah Court on matter involving the conversion of a spouse when the other spouse refuse to convert and consent to the conversion of their children.

In 2009, he recalled the Federal Cabinet had decided against unilateral conversion of minors, which meant both parents must agree before a minor can be converted.

“But it’s only a decision by the Cabinet and not enacted as a law,” said Tan.

Permanent solution

Meanwhile, the MIC Youth today urged the government to come up with a ‘political solution’ on issues involving the overlapping jurisdiction between civil and Syariah courts.

MIC youth wing secretary K Arvind said that the government cannot sweep such matters under the carpet anymore and stressed the need for a permanent solution affecting Muslims and non-Muslims.

“In 2006, then prime minister Abdullah Ahmad Badawi promised to review the laws and make the necessary amendments to the Federal Constitution but nothing has come forth.

“It is a long standing issue. The non-Muslims are increasingly losing out in legal disputes to Muslims, whose matters are heard in Syariah courts in a confusing dual legal system.

“We are not saying the government is racist or taking sides but the overlapping jurisdiction between both courts are creating a lot of confusion and tension,” he said.

Arvind said Deepa’s case reminded him of the infamour M Moorthy case in 2006, where Islamic authorities had forcefully taken away his body to be buried under Muslim rites, despite the family’s objections.

Moorthy was found to have converted to Islam by Syariah court in which his wife had no say, while a civil court refused to rule on the Islamic court’s findings, leaving his family in confusion.

At the time, eight non-Muslim ministers, including former MIC president S Samy Vellu submitted a memorandum to Abdullah but retracted after the latter promised to find a solution.

‘Hitting culture’

Meanwhile, Wanita MCA chief Heng Seai Kie slammed the police for not taking action against Izwan for kidnapping his own son.

“The Royal Malaysian Police is an organ formed under civil law and thus, the police should abide with the civil courts.

“The Federal Constitution is the highest law of the country and the police should abide the judgment passed by the civil court and act against Izwan,” she said.

Wanita MIC leader Mohana Muniandy also called for sever action be taken against Izwan for his actions. She also hit out at Khalid for seemingly condoning “hitting culture”.

“Wanita MIC views this incident very seriously and will set up a task force to look into women’s rights issue which is still proving to be undermined.

“We are also ready to assist Deepa,” she said.