Archive for May, 2014

Judge Rules Civil Court Superior to Syariah

May 30, 2014

Malaysiakini 20 May 2014
The civil High Court has a higher jurisdiction than the syariah court on the religious dispute of a spouse who does not convert to Islam, the High Court in Ipoh ruled today.
In giving convert father K Pathmanathan @ Muhammad Ridhuan Abdullah one week to return his six-year-old daughter to the non-Muslim mother, M Indira Gandhi, the court also found the father guilty of contempt.

Judge Lee Swee Seng said failure to hand over the child would require the police to enforce a warrant of arrest on Pathmanathan for committing contempt and not abiding by the court order.

Reading out his two-and-a-half hour judgment, Justice Lee said the supervisory jurisdiction of the civil High Court is based on the fact that a syariah court decision cannot bind a non-Muslim party in a marriage.

He said the country practises secular law under which the civil High Court has unlimited jurisdiction and is superior in nature to the syariah court. (more…)

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