CAIRO — Legal cases involving non-Muslims do not fall under the jurisdiction of the Shari`ah Courts, Malaysia's top court has ruled in a landmark verdict that drew a line after a spate of high-profile cases that left many in a legal limbo, The New Straits Times reported on Thursday, July 26.
"They (non-Muslims) can't be present to defend themselves in the Shari`ah courts," said Justice Abdul Hamid Mohamad.
The Federal Court ruled that civil courts have jurisdiction in disputes between a Muslim and a non-Muslim on family and Islamic matters.
Justice Abdul Hamid said the parliament must resolve the jurisdiction tussle between civil and Shari`ah courts.
"Without enacted laws, there is no jurisdiction by both courts."
He said that unlike the Federal Court, the Court of Appeal and High Court, the Shari`ah court was not created by the Constitution.
"In fact, the position of the Shari`ah court is similar to the Sessions court and magistrate’s court. The constitution refers to them as inferior courts."
Justice Abdul Hamid said the state legislature has the right to determine the jurisdiction of the Shari`ah court.
"The Shari`ah courts will have no jurisdiction if the state legislature did not pass an enactment to give them the power."
Welcomed
The Federal Court's verdict was met be immediate applause.
"It is also a strong statement on the supremacy of the constitution," said counsel Malik Imtiaz Sarwar.
He added that the verdict would help resolve many issues that caused controversy in the past years.
In May, Christian convert Lina Joy lost a legal battle to have the word "Islam" removed from her identity card.
In delivering judgment in that case, the chief justice said the issue of apostasy was related to Islamic law and civil courts could not intervene.
Such people often end up in legal limbo.
Race and religion are touchy issues in multi-racial Malaysia, where ethnic Malays form about 60 percent of a population of roughly 26 million, while Hindus, Buddhists and Christians dominate the ethnic Indian and Chinese minorities.
A Malay is defined in the Constitution as "a person who professes the religion of Islam."
And before Judgement Day happens, it would be nice if we could get back to the topic, no?
lol Muezzin man you crack me up Akhi.
Our preperation continued, with our efforts and the efforts of our brothers, for years and years. Through out that time we gathered, observed and waited until the moment to move arrived.
Anyway, under an Islamic State other belief systems are allowed to rule under their own legal jurisdiction and laws. E.g. Christians from the Bible etc...
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Malaysian Shariah Court only deals with family matters and sex offences like adultery... and the punishment are just paying some fines.. it's not purely Islamic....
The government declares itself as Islamic government but wont impose Hudood laws. Their reason: If Malaysia impose hudood law, lots of Muslims would have they hands cut off.... I think that was the most stupid reason, as if all Muslims are thieves.
Malaysian Shariah Court only deals with family matters and sex offences like adultery... and the punishment are just paying some fines.. it's not purely Islamic....
The government declares itself as Islamic government but wont impose Hudood laws. Their reason: If Malaysia impose hudood law, lots of Muslims would have they hands cut off.... I think that was the most stupid reason, as if all Muslims are thieves.
Yeah but if the situation is bad, for example, people are stealing food to feed themselves/their family, then the laws can be withdrawn. Umar (RA) did exactly that when a certain locale was going through extreme famine.
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Yeah but if the situation is bad, for example, people are stealing food to feed themselves/their family, then the laws can be withdrawn. Umar (RA) did exactly that when a certain locale was going through extreme famine.
Malaysian Muslims are not prepared for Hudood laws... as they dont know it at all.
MAny of them think if they accidently touching a fruit in a stall... somebody would come and chop off their hands for stealing.
why Malaysians are ignorants when it comes to Hudood law... there are no religious programmes in local radio or tv stations teaching about Huddod, Qisas and Ta'zir.
Even mosques (which are controlled by goverment) have no religious teachers teaching about it in public, usually they teach about tafsir, fiqh al ibadat, sirah nabawiyah, tajwid and tasawwuf.
You could only learn about it in religious schools by taking Syariah Islamiah subject or in universities ....
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Islam will be over the entire world one day dont worry
jeesh u secularists just never let the propganda machine hava rest eh
dont look so down man when Esa (Alayhi'salaam) comes back to earth from paradise it wont be too bad for you if u accept Islaam the sooner the better
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