Govt forms special department to harmonise shariah, civil law

Updated 6 years ago · Published on 2 Feb 2018 11:54AM · 4 Comments

Putrajaya has formed a special department – the shariah and harmonisation law division – which will address issues relating Islam and shariah law, days after the Federal Court declared the unilateral conversion of M. Indira Gandhi’s three children to Islam in 2009 by her Muslim convert ex-husband null and void.

In a statement today, the Attorney-General’s Chamber (AGC) said the new department will focus on issues “pertaining to legal advice, drafting and coordination of shariah law, ratifying an international convention which has an impact on shariah, and the harmonisation between civil law and shariah law to overcome conflicts of jurisdiction between both courts.”

The AGC further stated that the attorney-general has the responsibility to advise the Yang di-Pertuan Agong, the Cabinet or any minister on any matter of law on issues “relating to Islam and shariah law on federal and international levels” under Clause (2) of Article 145 of the federal constitution.

The AGC said the the establishment of the division is “important” as it would serve as a “focal point” on shariah-related issues.

It further added that the division would help the AGC address shariah-related issues “more effectively and in line with the current requirements”.

On Monday, in a landmark ruling, the Federal Court declared that the conversion of Indira’s three children to Islam by her ex-husband was null and void, saying that such conversions would also need the consent of both parents.

The Federal Court, in a unanimous decision, also upheld that the civil courts had exclusive jurisdiction to review Perak’s Registrar of Muslim converts.

Lawyers and civil groups have welcomed the ruling, saying that it sets a precedent that civil law prevails over shariah law.

A Muslim scholars’ group, however, have attacked the ruling, saying religious violence may erupt in the country if police continue hunting the ex-husband and youngest daughter of Indira.

Another Muslim lawyers’ group called for Muslims to reject any proposal to bring back Clause 88A of the Law Reform (Marriage & Divorce) Act 1976 (LRA), which requires that both parents in a civil marriage must agree to the conversion of a minor into Islam.

The proposals have been criticised by lawyers and interfaith groups. – February 2, 2018.

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Comments

  • "Harmonise" like "Redelineation" is a euphemism. It means Syariah decide, civil court follows.

    Posted 6 years ago by Bigjoe Lam · Reply

  • We would rather this task be left to the new government after PRU14.

    Posted 6 years ago by Tanahair Ku · Reply

  • All this is not required.
    All judges have taken an allegiance to defend the constitution irrespective of their personal faith.
    If judges can recuse themselves in hearing cases where they are conflicted between their personal faith and the constitution all is well.
    If the politicians do not consider the secular nature of the constitution then they have to choose between a theocratic state like Iran or Saudi and as the rulers are the head of ISLAM, the politicians can hand them back their powers.

    Posted 6 years ago by Satkunabalan K Sabaratnam · Reply

  • Our Federal Constitution is the only law that applies to all of us. Any law or regulation that contravene this is ultra vires. I believe this umno/ najib administration is pandering to only a segment of our society and it is the worse kind. I am glad our Federal Court judges finally put in clear terms which laws applies.

    Posted 6 years ago by HC Lung · Reply