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No interference:
Civil Courts will not usurp Syariah Court functions
23 Aug 2006
V. Anbalagan -----------------------------------------------------------------------------
PUTRAJAYA: The civil courts have not and will not usurp the functions of the Syariah courts, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said yesterday.
He said judges only interpreted the provisions in the Federal Constitution based on the arguments put forward in accordance with facts and evidence.
"I do not see the justification for the public to fear that the civil courts have usurped the functions of the Syariah courts," he told reporters at the end of the second day of the judgesâ annual conference at a hotel here.
Ahmad Fairuz was responding to questions on the Muslim communityâs perception that when civil court judges hear matters involving Islam, they were interfering in Islamic matters.
Some of the cases that have been heard or decided by the Federal Court included that involving three pupils â Meor Atiqulrahman Ishak and brothers Syed Abdullah Khaliq Aslamy Syed Ahmad Johari and Syed Ahmad Syakur â who were expelled from a school for refusing to take off their "serban", and the appeal by Lina Joy, whose birth name is Azlina Jailani, against the Court of Appealâs dismissal of her application to delete the word "Islam" from her identity card.
The High Court in Seremban, which heard the case brought by the students first, ruled that it was the constitutional right of the students to wear the Muslim head gear.
Upon appeal, however, the Court of Appeal reversed the High Court decision. The Federal Court upheld the decision of the Court of Appeal.
A decision on Lina Joyâs case is expected soon.
Ahmad Fairuz said the Constitution had made provisions for civil and Syariah laws, but the civil courts never interfered or gave interpretations following amendments to the countryâs supreme law in 1988.
"In the past, maybe, yes. But following the amendment to the Constitution, we do not give interpretations on the Syariah law apa se. Our interpretation is on the Constitution," he said.
The Chief Justice said he did not understand why the public was confused.
He said judges made decisions in accordance with the law, supported by evidence.
"We are not trained to play for publicity. We do not decide according to what the public want. We decide according to what the law wants and what the evidence reveals," he said.
"Members of the public should not fear that we will usurp the functions of the Syariah court.
"If the Constitution says it should be within the civil courtâs jurisdiction, we will be willing (to deal with it) but if it is something in the Syariah Court, we wonât deal with it but will just say that it is within the jurisdiction of the Syariah court."
p/s:minta maaf dalam bahasa inggeris dan ambil banyak ruang, tapi ada kaitan dan ada mesej..