I was appalled to read of the judgment in the conversion case . The power and jurisdiction of the Federal Court is all-encompassing in a national sense. Regarding the authority and jurisdiction of the Syariah Court, doesn't the constitution give power to the state to enact a Syariah Court?
Malaysians are subject to federal law, but Muslims would fall under different Syariah courts depending on which state they come from.
In this case, the High Court had jurisdiction over the Syariah Court. You have a non-Muslim mother and a Muslim father; it was right in the first place that the hearing be heard at the High Court.
There can only be one law that applies to this situation. The mother is non-Muslim, and it is absurd to suppose that her right to bring up her child should be challenged by Syariah law, especially since the High Court has already found her a more fit guardian for her children than her spouse.
It challenges common sense to imagine that the mother should be called to appear before a religious council. In addition, it's curious: why is the Syariah Court of the Federal Territory involved, when the marriage was registered in Alor Setar?
Isn't this an interference of the Kedah's Syariah Court's jurisdiction? Again, this is not applicable here as the mother is non-Muslim. Shouldn't the appeal be heard in a court that does not take religion into consideration?
Parental responsibility involves a couple, not two individuals. Preference should not be given to either spouse. If both parents have conflicting views later on in marriage, it is up to the child upon attaining adulthood to choose the path he is to follow.
