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Sunday August 12, 2007

Jurisdictional differences will be resolved amicably, says PM

By MUGUNTAN VANAR

vmugu@thestar.com.my

KOTA KINABALU: The Government will be fair in any decision to resolve jurisdictional differences between the civil and Syariah statutes.

Datuk Seri Abdullah Ahmad Badawi, who said this, stressed that any decision on the issue would be guided by the Constitution, the principles of the Rukun Negara and other policies.

The Prime Minister said this was not an easy issue as different races and religions were involved.

“I know these are serious issues. We cannot run away from this. I have never (run) away. I am sure there will be a point where we can all meet and accept (a solution).

“If we find certain problems difficult to solve, then

if we need to change the law, we will do so,” Abdullah said in his address when closing the Parti Upko convention here yesterday.

Over the past two years, there have been cases where Muslims and Muslim converts have gone to the civil courts in their attempts to leave Islam or over distribution of property.

However, the courts, in rejecting their applications, advised them to seek redress under Syariah law.

Federal Court Justice Abdul Hamid Mohamad, in a recent landmark ruling, stated that Parliament must resolve the jurisdiction tussle between the civil and Syariah courts as current laws needed to be revised and updated.

Abdullah, who described Justice Abdul Hamid as a respected authority of law, said if the law needed to be amended, it would be done by Parliament.

“The responsibility of a judge is to listen and follow the laws of the country. He should honour and not ignore the laws,” added Abdullah.

“All these things cannot be rushed. We can’t do that as these are important issues that need to be considered. One group can express views strongly and another can do so equally strongly. We have to manage it,” Abdullah said.

The Prime Minister, who was responding to issues raised by Upko president Tan Sri Bernard Dompok in the latter's speech, said he had to be firm on the issue.

“I am your Prime Minister and I have to be fair to all,” Abdullah said, assuring that the Cabinet always discussed problems affecting the people.

Dompok, who is Minister in the Prime Minister’s Department, had expressed concerns over the conflict in the implementation of powers of the Syariah and civil courts, particularly on the impact of religious conversion cases on families and property distribution.

Abdullah said the Cabinet discussed various issues from time to time and made decisions on the best basis available as well as through compromise.

“Everyone in the Cabinet is allowed to give his views and opinions. No one’s opinion is stopped or blocked to discuss any issue,” he said, adding that the Cabinet had taken steps to stop certain agencies from being over enthusiastic in enforcing laws.

At a separate function, Umno vice-president Tan Sri Muhyiddin Yassin called on community leaders to objectively discuss and thrash out contentious racial issues.

He said identifying issues behind closed doors was the practical and pragmatic way to preserve racial harmony.

“I feel it is time we return to the negotiating table to discuss what we have been defending all this while,” he told reporters after opening the Setiawangsa Umno delegates conference yesterday.

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