Subscribe in a reader | Subscribe by Email (In the case, the Federal Court held that the civil and syariah courts must determine first whether either had jurisdiction over a matter. Judge Abdul Hamid Mohamad ruled that if one of the parties in a dispute was non-Muslim, the syariah court did not have jurisdiction over the case even if the subject matter fell within its jurisdiction.)
what does this mean? Subashini ( here and here too) can pursue her case in civil court?
No need for clarification on civil, syariah laws: Nazri
http://sun2surf.com/article.cfm?id=20007
KUALA LUMPUR (Nov 19, 2007): The government will not amend the Federal Constitution to clarify the position of syariah and civil laws in the country because there is no necessity to do so, Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said today.
He said this was because the powers of both civil and syariah courts are clearly provided for by the Federal Constitution, particularly under Article 121(1) and (1A), and in the Federal List and State List of the Ninth Schedule. "Based on several decisions of the Federal Court, it is clear that there is no necessity for the government to amend the Federal Constitution," Nazri said. Replying to a question from Datuk Kamaruddin Jaafar (PAS-Tumpat), he said the matter was quite clear as was decided by the Federal Court recently in the case of Latifah Mat Zin v Rosmawati Sharibun and Roslinawati Sharibun.
(In the case, the Federal Court held that the civil and syariah courts must determine first whether either had jurisdiction over a matter. Judge Abdul Hamid Mohamad ruled that if one of the parties in a dispute was non-Muslim, the syariah court did not have jurisdiction over the case even if the subject matter fell within its jurisdiction.)
"The Federal Court decided in this case that matters involving Muslim law falls under the power of the Syariah Court as is clearly provided under List II of the Ninth Schedule of the Federal Constitution, as well as subsection 61(3) of the Islamic Administration Enactment (Selangor) 2003," Nazri said. He added that in this case the matter of overlapping jurisdiction between the syariah and civil court did not arise at all.
