Resolve issue in civil court
The Star, Saturday January 7, 2006
PETALING JAYA: The Cabinet is of the view that the civil court should not just brush aside cases pertaining to the status of converts by stating that it has no jurisdiction.
Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said the matter was discussed at length during the Cabinet meeting on Wednesday.
On Dec 28, the High Court ruled that it would not disturb the declaration that the late Mount Everest climber Sjn M. Moorthy was a Muslim because the matter was under the syariah court’s jurisdiction.
The High Court’s ruling came five days after the Syariah High Court declared Moorthy a Muslim.
Moorthy’s Muslim name was Mohammad Abdullah.
Moorthy’s widow S. Kaliammal, 30, who was involved in a tussle with the Federal Territory Religious Department (Jawi) for the right to bury Moorthy, had sought a declaration in the civil court that her late husband was a Hindu who had practised the Hindu way of life.
Following the High Court ruling, Moorthy was buried according to Islamic rites.
Nazri, however, said the Cabinet’s view was not specific to Moorthy’s case and should not be taken as the Government subscribing to the view that the civil court should have the power to review cases decided by the syariah court.
The syariah court, he said, has full jurisdiction over cases involving Muslims.
However, when the status of a convert was in question, the right avenue for the issue to be resolved was through the civil court.
Nazri said, personally, he felt that the High Court – in ruling that it would not disturb the declaration by the Syariah Court that Moorthy was a Muslim - had taken the “easy way” out.
The syariah court, he said, would only have full jurisdiction once a convert was declared a Muslim by the civil court and not when his conversion status was in dispute.
“This fact is very clear. Other than his status as a convert, the question was also raised as to whether Moorthy was in full control of his mental faculties when he converted. This clearly falls under the jurisdiction of the civil court.
“If the deceased had converted willingly and without compulsion, then Jawi would have all the documents to prove its case in the High Court without using the syariah court to make such a declaration,” he added.
On Thursday, a Parliamentary Roundtable discussion was held on judicial powers over religious matters.
Discussion had centred on Article 121 (1A) of the Federal Constitution, which since 1988 had prohibited the civil court from having jurisdiction over syariah court matters.
Asked to comment on the five resolutions adopted at the roundtable, Nazri said he only agreed to parts if it, as he felt that the syariah court’s jurisdiction over Muslims in this country was not an issue.
The roundtable was attended by several Members of Parliament, lawyers, representatives from the Interfaith Council, and Malaysian Human Rights Commission chairman Tan Sri Abu Talib Othman, a former Attorney-General .






