Subashini's Case - 3

Subashini's case - Worrying implications for non-Muslim spouse.

Contributed by Norman Fernandez in Malaysiakini today. (Norman Fernandez, is a practicing lawyer in private practice in Johor)


“ ...........In a democratic country, one has to accept the view of the majority. 121A(1A) will not be a problem if the civil court has the courage to act fairly and independently. The system is just if the judicial process is in place. The reason for such a clause was that the Syariah Court was more competent to deal with Islamic affairs.

Schedule 9 of the constitution is clear that the Syariah Court only has jurisdiction over people professing Islam. Yet it has constantly been ignored. However, the constitutionality of law rests upon civil court. But none of the civil judges are prepared to look at it this way. It is an abdication of power and function.

Therefore, it is the problem of the court and not the legislation. If the civil court judge is true to the oath, there will be no problems like we are facing now. 121(1A) is not intended to limit the civil courts.............”