Gerakan Youth: Remove overlapping jurisdiction of courts - Parti Gerakan Rakyat Malaysia

Gerakan Youth: Remove overlapping jurisdiction of courts

PETALING JAYA: Gerakan Youth on Monday called for Parliament to enact laws to remove overlapping jurisdiction of the High Court and the Syariah Court. 

Commenting on the recent custody tussle between S. Deepa and her Muslim convert ex-husband Izwan Abdullah, Youth Chief Tan Keng Liang said there were complications when both courts were involved with conflicting decisions.

"Deepa was given custody of her two children by the Seremban High Court last Tuesday. Izwan, however, was granted custody of the children by the Syariah Court last year.

"Subsequently, he had taken away one of their children despite the recent custodial order by the High Court," Tan said in a statement. 


He said Inspector-General of Police Tan Sri Khalid Abu Bakar had earlier stated that the police were unable to act on the matter due to the conflicting decisions by the High Court and the Syariah Court.  

Tan quoted that under Article 121 (1A) of the Federal Constitution, the High Court shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts, which deal with Syariah laws. 

"However, there seems to be an overlapping jurisdiction of the High Court and Syariah Court on matters involving the conversion of a spouse when the other spouse refused to convert and consent to the conversion of their children," he added. 

"In 2009, Cabinet had decided against unilateral conversion of minors. Both parents must agree before a minor is converted," he said, adding that it was only a decision by the Cabinet and not the law.

Tan stressed that the laws must be clear to ensure that the Syariah Court could not have jurisdiction to convert minors without the consent of both parents. 

Deepa claimed that Izwan abandoned the family in 2012 and embraced Islam. He then allegedly abducted their two children in April last year and converted them without telling her.






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