Chief Justice Arifin Zakaria said there is a remedy that parents, where one spouse has converted, can seek in court when embroiled in custody battles over their children.
However, the top judicial officer did not want to disclose how this could be done as it would be deemed as giving advice.
"The party has the remedy, there are procedures but I cannot say, as it would be deemed as if I am advising," he told reporters.
"However, they know their rights, they should pursue their rights. If somebody is not abiding by (what the civil court ordered) there are legal consequences that can follow.
"The party must (and can) take whatever action that is open to them. I cannot say (what), it’s for the courts to say," he added.
Arifin (right) was asked to comment on the spate of custody battles involving parents who changed their faith like the S Deepa case in Seremban and the M Indra Gandhi case in Ipoh.
He had earlier launched 10 pamphlets to explain court procedures, which are available to the public.
The Chief Justice did not also want to comment when asked over Minister in the Prime Minister’s Department Nancy Shukri’sstatement that police can take action on N Viran or his Muslim name Izwan Abdullah, who did not abide by the civil High Court ruling to return the couple’s child to the mother.
Arifin also declined to comment when asked over the Ipoh High Court decision which says the civil High Court is superior to the Syariah Court, saying the matter could be subject to appeal.
However, he said the constitution stipulated in Article 121A that there are two separate systems and it was clear we (the civil court) have no jurisdiction over syariah matters.
‘Conflicts of laws happen’
Arifin however said conflicts of laws do happen all over the world but the only thing is that in Malaysia, it happens within the same jurisdiction.
“There is a subject on this (conflict of laws) taught at university,” he said.
In explaining further, the top judicial officer said in England we may find someone married under Islamic law or Chinese customary law and the divorce took place in London, and their children are born elsewhere, which law should be applied?
“This is where we call area of conflict of laws. In Malaysia, it happens within the same jurisdiction (country).
Both the custody battles involving Deepa and Indira Gandhi happened when their husbands converted to Islam, and they unilaterally converted their children.
In Deepa’s case, the Seremban High Court granted custody to Deepa but declined to rule on the unilateral conversion.
However, in the Ipoh High Court, the judge ruled that the unilateral conversion of Indira’s children was wrong and declared them null and void. It also awarded custody of their children including the youngest, a six-year-old daughter who is still with the convert father, to the mother.
However, the top judicial officer did not want to disclose how this could be done as it would be deemed as giving advice.
"The party has the remedy, there are procedures but I cannot say, as it would be deemed as if I am advising," he told reporters.
"However, they know their rights, they should pursue their rights. If somebody is not abiding by (what the civil court ordered) there are legal consequences that can follow.
"The party must (and can) take whatever action that is open to them. I cannot say (what), it’s for the courts to say," he added.Arifin (right) was asked to comment on the spate of custody battles involving parents who changed their faith like the S Deepa case in Seremban and the M Indra Gandhi case in Ipoh.
He had earlier launched 10 pamphlets to explain court procedures, which are available to the public.
The Chief Justice did not also want to comment when asked over Minister in the Prime Minister’s Department Nancy Shukri’sstatement that police can take action on N Viran or his Muslim name Izwan Abdullah, who did not abide by the civil High Court ruling to return the couple’s child to the mother.
Arifin also declined to comment when asked over the Ipoh High Court decision which says the civil High Court is superior to the Syariah Court, saying the matter could be subject to appeal.
However, he said the constitution stipulated in Article 121A that there are two separate systems and it was clear we (the civil court) have no jurisdiction over syariah matters.
‘Conflicts of laws happen’
Arifin however said conflicts of laws do happen all over the world but the only thing is that in Malaysia, it happens within the same jurisdiction.
“There is a subject on this (conflict of laws) taught at university,” he said.
In explaining further, the top judicial officer said in England we may find someone married under Islamic law or Chinese customary law and the divorce took place in London, and their children are born elsewhere, which law should be applied?
“This is where we call area of conflict of laws. In Malaysia, it happens within the same jurisdiction (country).
Both the custody battles involving Deepa and Indira Gandhi happened when their husbands converted to Islam, and they unilaterally converted their children.
In Deepa’s case, the Seremban High Court granted custody to Deepa but declined to rule on the unilateral conversion.
However, in the Ipoh High Court, the judge ruled that the unilateral conversion of Indira’s children was wrong and declared them null and void. It also awarded custody of their children including the youngest, a six-year-old daughter who is still with the convert father, to the mother.
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