Apex court decision shows limit of Shariah court’s powers, says non-Muslim council

A non-Muslim umbrella body today said civil and Shariah courts should heed the Federal Court decision in the custody case involving S. Deepa and her ex-husband Izwan Abdullah, when it ruled that religious courts can only hear a case if both parties are Muslim. The Malaysian Consultative Council of Buddhism, Christianity Hinduism, Sikhism and Taoism (MCCBCHST) hoped that the civil court would not refuse jurisdiction in dealing with custody matters arising from unilateral conversion of children when a spouse becomes a Muslim. "MCCBCSHT hopes that Shariah courts will take notice of this Federal Court decision which clearly stated that religious courts only have jurisdiction only when both parties are Muslims," its vice-president Jagir Singh said in a statement. A five-man bench chaired by Tan Sri Raus Sharif today unanimously ruled that the civil court should decide the custody of children when it involved a non-Muslim parent. Raus said a non-Muslim marriage did not dissolve when one party embraced Islam. "Divorce and custody of non-Muslim marriages are exclusive jurisdiction of the civil court," he said in dismissing Muslim convert Izwan's appeal. – February 10, 2016. MORE TO COME]]>