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• Panel set up to look into religious-sensitive issues
• Dewan Rakyat: Panel to study Islamic conversion issues

©The Sun (Used by permission)

KUALA LUMPUR (Oct 22, 2007): The special committee tasked with reviewing laws involving the conversion of non-Muslims to Islam has held a series of meetings to see whether amendments are needed, said Minister in the Prime Minister’s Department, Datuk Seri Mohd Nazri Abdul Aziz.

He said the committee chaired by Attorney-General Tan Sri Gani Patail is represented by various ministries and departments, non-governmental organisations, academic, Hindu, Buddhist and Christian organisations, as well as several prominent ulama.

The discussions, he said, are still on-going. He said this in reply to a question from Datuk Dr Wan Hashim Wan Teh (BN-Gerik) on overlapping jurisdictions between syariah and civil courts and the possibility of the Federal Constitution being amended to avoid such a problem, as well as discussions by the public on matters considered sensitive.

Earlier, Nazri said there is no jurisdictional conflict between the civil and syariah courts.

"Both of them are administered separately and they are of equal stature under the Federal Constitution," he said.

Nazri said the Constitution had placed the Islamic laws and the membership, structure and procedure of the Syariah Courts under the jurisdiction of the state governments according to Article 1, of the State List under Schedule Nine, whereas the laws and procedures relating to civil and criminal laws and the administration of justice as well as its membership and structure of courts (apart from Syariah Courts) comes under the jurisdiction of the Federal Government, in line with Article 4 of the Federal List.

He added that in 1988, the Federal Constitution was amended with the inclusion of Provision (IA) to Article 121 which stated that the civil courts do not have jurisdiction in relation to matters within the powers of the syariah courts.

"The civil and syariah courts adjudicate cases according to their jurisdiction in a clear and proper manner, even though there are quarters who continue to bring such conflicts to be decided by the syariah courts to the civil courts. He cited the latest Federal Court Case of Latifah Mat Zin Vs Rosomawati Sharibun and Roslinawati Sharibun as an example.

He added that the prime minister had also on Jan 20, 2006, announced that the Cabinet had agreed that there was no need to amend the Federal Constitution in relation to the powers of the civil and syariah courts.

To a supplementary question from Wan Hashim, Nazri said the question of conversion, particularly to the Islamic faith, is an "extra legal" matter, which means it is much more than a question of faith.

"Religion is a question of faith and it cannot be questioned through law," he said, adding that it was for this reason that the special committee was set up to study the various issues.

"It is an ongoing process. It is also a sensitive issue and God willing, a method can be achieved on how to decide on the religion of a person," Nazri said.

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