Don: Religious conflict best left to legislators to resolve

A law professor noted the sensitive nature between the different jurisdictions of the syariah and civil courts in Malaysia with regard to religious matters pertaining to Islam, and felt that it was best to have the legislators resolve the conflict.

The civil courts, said Professor Shad Saleem Faruqi (left), seem not to want to interpret in matters arising from religious conflict like conversion of religion issues from Islam to another religion or vice-versa.

Hence, he said maybe it is best that the legislators come up with a solution in this.

His views are shared by former Bar Council president Ragunath Kesavan, who feels that “a political solution” to the matter should be applied.

“That is the dilemma which the judiciary faces, where the judges are given the ‘responsibility’ to interpret but this is not an easy decision to make. If the decision (like in the S Shamala case) that the conversion of the minors is wrong, there is going to be a hue and cry among the Muslims as well. If the court grants the right to the father, there will also be a large outcry against it.

“There must be a political situation where everyone can accept and understand. Sometimes not every decision of the court is favourable as one side loses and another wins. There is no hard and fast way. In a political situation, there could be a half-way solution. 

“Maybe for issues which are highly controversial (like religious conversion) it is best to resolve it outside the court via a political solution, parliament or whatever it is, as if you go to court one party loses and one party wins. So how can that be the best solution for a country, isn’t it?” said Ragunath (right) in a press conference later.

Shad and Ragunath were panellists on the topic of ‘Rule of Law and Independence of the Judiciary’ held at the Integrity Institute today. Also present were former premier Abdullah Ahmad Badawi and the president of the institute, Mohd Tap Salleh.

There has been a lot of thorny issues since the formation of the Syariah Court under Article 121 1(A) of the federal constitution which is given equal jurisdiction in religious matters in highly sensitive Islamic and apostasy cases in multi-racial Malaysia.