KUALA LUMPUR: Experts say the government's initiative to form a special committee to empower and elevate the status of Syariah Court is a good move and should be implemented immediately.
Universiti Putra Malaysia, Faculty of Modern Languages and Communication, "Wacana Aqidah, Fiqh dan I'jaz al-Quran" Lecturer, Assoc Prof Dr. Mohd Sukki Othman said Syariah law often faced numerous challenges, particularly when there was an overlap of jurisdiction with the Civil courts.
He said basically Article 121 (1A) of the Federal Constitution gave the Syariah Court absolute power to adjudicate all cases involving matters related to Islam.
However, the underlying conflict related to this provision arises when there are issues, such as the dissolution of marriage due to the conversion of one of the parties, he said.
"Starting from the dissolution of marriage, the conflict escalates to child custody and the status of their religion. Therefore, the differences in legal practices of the Civil Court and Syariah Court should be clarified and harmonised.
"For example, certain cases involving an overlap of jurisdiction heard by the Civil Court should be assisted by a Syariah Court judge. The judgments related to Syariah law can be made by the Syariah Court judge. And the decision must be binding on the Civil Court judgment," he said when contacted by Bernama today.
Prof Mohd Sukki is of the opinion that the issue can be resolved if the special committee discusses the matter thoroughly, particularly on the overlapping of jurisdictions between the two courts, including streamlining some negotiable issues between them.
"The conflict can be resolved if the Syariah Court allows the non-Muslim spouse to seek justice in the Syariah Court or if the case can be heard by both Syariah and Civil judges.
"Non-Muslims should also be allowed to engage non-Muslim lawyers to represent them to ensure the Syariah Court is not seen as an institution that denies the rights of non-Muslims to obtain justice," he added.
He said if such an approach can be realised, it will lead to harmonising both the courts and merging the two jurisdictions to raise the dignity and role of the Syariah Court, so it becomes a backup for non-Muslims to obtain justice.
Meanwhile, International Islamic University of Malaysia, Faculty of Revelation and Humanities, Department of Qur'an and Sunnah Studies, Senior Lecturer, Dr. Abu Hafiz Salleh Hudin said another cause of conflict arises when legislators at the State Legislative Assembly approve enactments at the state level which are at risk of conflicting with the Federal Constitution or Civil Court jurisdictions.
He said such conflicts are viewed as difficult to resolve, however, the establishment of the special committee is a good approach to minimise a bigger conflict at this point. In addition, he suggested that efforts to expand the jurisdiction of the Syariah Court should also take into account the institution's status, staffing, capacity, training, and finances.
"The establishment of the State Prosecution and Syariah Enforcement Department must also be initiated and sped up, separate from the Religious Department. The position of judges and other related positions must also be reviewed so that the dignity of these positions is not underestimated.
"Currently, the Chief Justice of the State Syariah Court is only at Grade C which is equivalent to a civil Sessions Court Judge. Not strengthening the infrastructure and structure of the Syariah Court, will only lead to an imbalance in the efforts to dignify the Syariah Court as a whole," he said.
Yesterday, Prime Minister Datuk Seri Anwar Ibrahim said in the Dewan Rakyat that the government has agreed to establish a special committee sanctioned by the Council of Rulers in an effort to elevate the status of the Syariah Court.
In the same session, Minister in the Prime Minister's Department (Religious Affairs) Datuk Dr Mohd Na'im Mokhtar said a former chief justice has been chosen to chair a special committee to study the issues involving federal and state jurisdictions, particularly in relation to the State Legislative Assemblies' competence in drafting Syariah law. -- BERNAMA