Parti Amanah Negara (Amanah) communications director Khalid Samad says a vacuum currently exists in cases involving the civil and shariah courts, where there is conflict arising from the jurisdiction of both courts. – The Malaysian Insider pic by Fiqah Mokhtar, February 11, 2016.Parti Amanah Negara (Amanah) has suggested a special court be set up to resolve cases involving the civil and shariah courts.
Responding to the case of S.Deepa and her Muslim convert husband Izwan Abdullah which was decided at the Federal Court yesterday, the party's communications director Khalid Samad said a vacuum currently existed in such cases, where there was conflict arising from the jurisdiction of both courts.
“This court can be used by the civil and shariah courts to find a solution.
“Now each court is listening to one side but we believe that Islam has a just system which would listen to the arguments of both sides,” he said during a press conference at the Amanah headquarters in Kuala Lumpur today.
“This discrepancy, the vacuum, needs to be reviewed and addressed,” he said.
Meanwhile deputy party president Salahuddin Ayub said the Department of Islamic Development Malaysia (Jakim) needs to look into the matter and come up with a new approach.
“I hope from time to time Jakim can study these issues, it needs a new approach, that is the role of Jakim,” he told reporters.
Yesterday, a five-man bench chaired by Tan Sri Raus Sharif said a non-Muslim marriage did not dissolve when one party embraced Islam in the case of Deepa and Izwan.
However the court gave custody of their son Mithran to Izwan, and their daughter Shamila to Deepa.
On April 7, 2014, the Seremban High Court granted Deepa custody of their two children.
That decision overrode an April 2012 Shariah Court order granting Izwan custody.
The Federal Court's decision set aside the High Court recovery order and revoked the Shariah Court custody order.
Raus justified the custody decision based on the fact the two children were settled well in their present environments. – February 11, 2016.
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