Resolve disputes between Muslims and non-Muslims in civil court

KUALA LUMPUR: A legal expert has suggested that cases involving disputes between Muslims and non-Muslims be heard in the civil court for easier management of such cases.
Prof Dr Najibah Mohd Zin, deputy dean of the Ahmad Ibrahim Kulliyyah of Laws (AIKOL) at the International Islamic University Malaysia, said this would provide the solution to problems faced by non-Muslims who could not appear in a Syariah court to seek justice in the case of a spouse having embraced Islam.
At the same time, it could also avert the situation where two judicial systems handed down differing orders or judgements for the same case heard in the Syariah court as well as the civil court.
"I do not see anything wrong in bringing these cases to the civil court, where there are Muslims and non-Muslims (counsel and judges) who can hear the cases," she told Bernama here.
She was asked to comment on a recent case where the Syariah Court and the civil court gave custody of the children to the father, who had embraced Islam, and the Hindu mother, respectively.
Najibah, an expert in family law, said she was agreeable to the harmonising of the civil and Syariah laws as had been proposed by former chief justice Tun Abdul Hamid Mohamad almost 20 years ago to resolve conflicting judgements by the two courts.
"One forum (court) or tribunal can be set up to share similar problems, but it should be based on the right principles so that both sides can be reconciled," she said.
Even though it might be difficult to realise that proposal, she said, it offered a better and more just solution to both parties and was not intended to pit Muslims and non-Muslims against each other.
She said religious issues were sensitive and there was a need to take care of the feelings of all, but if everyone was open-minded then non-Muslims would also realise that Islam also took into consideration their interests and rights.
Najibah advised parents with different religious beliefs to always give preference to their children's welfare to resolve other matters in dispute cases in the courts to ensure that they grew up in an environment free of conflict.
She said that basically the law gave preference to the child and not religious issues in cases brought before the civil or Syariah courts.
"Despite the differences in opinion among certain ulama on custody, the court must look at the facts of a case before deciding which parent qualifies to be granted custody of the children," she said. – Bernama