Syariah falls under jurisdiction of the states, cannot be equated with Civil Court

KUALA LUMPUR - Gerakan has expressed surprise on a statement by Minister in the Prime Minister’s Department, Jamil Khir Baharom, that the religious authorities in the country, all state bodies, are currently engaged in a discussion to equate the Syariah Court System with the Civil Court System.

“It’s unconstitutional. It is clear that under the Ninth Schedule, List II – State List of the Federal Constitution, Islamic laws and Islamic matters fall under the jurisdiction of the states,” said Baljit Singh who heads Gerakan’s Central Law and Human Rights Bureau.

“The existing linear relationship of Malaysia’s court system and judiciary cannot be altered.”

Baljit pointed out that Syariah Courts are set up under state laws, while civil courts including the High Courts, Court of Appeal and Federal Court are established under the Federal Constitution.

“We can establish a Constitutional Court that exists in countries like Germany and Thailand to deal with matters of high constitutional importance including the conflict of law arising from the overlapping of Syariah and civil law,” said Baljit.

At present, the Federal Court sits as the Constitutional Court.

Under the Federal Constitution, Native and Syariah Courts are inferior courts. Inferior laws, including those passed by the state assemblies, can be ruled invalid to the extent of their inconsistency with the superior law, the Federal Constitution.