Anwar: Court needs courage, conviction
Anwar Ibrahim said the court must not be "spineless" and have the moral courage and conviction in resolving disputes involving religious rights.
Anwar Ibrahim said the court must not be "spineless" and have the moral courage and conviction in resolving disputes involving religious rights.
Commenting on the controversial circumstances surrounding the death of former army commando M Moorthy, the former deputy premier said there is a need for the judiciary to make the necessary judgments to ensure that justice prevails for both Muslims and non-Muslims.
He said the recent High Court decision in Moorthy's case has created anxiety among non-Muslims who believe that they have been denied a just recourse to the civil courts.
"To my mind, the greater concern in this regard is for the judiciary not to be spineless, particularly the Federal Court. It needs to summon the necessary moral courage and conviction to decide these issues in the light of the intention of Parliament so that justice will prevail," he told a press conference at his home in Damansara yesterday.
Moorthy's death sparked controversy when he was buried according to Muslim rites after the High Court stated that it had no jurisdiction to hear his widow S Kalliamal's application to challenge a syariah court ruling that her husband died a Muslim.
Kaliammal has since filed an appeal at the Court of Appeal for a judicial review which has been fixed for hearing on June 20.
Anwar also said that the authorities - which he claimed was slow in its action to appease the public's concern on the issue - must be responsible and show courage in dealing with the matter.
Engage in dialogues
He then called on both government officials and members of the judiciary to engage in dialogues and mutual discussion to resolve such matters.
"Those in position of power whether executive or judicial must constantly bear in mind that problems arising from religious issues must be resolved with justice and compassion for these principles cannot be separated from all religions."
He also stressed that any decision that is to be taken cannot be made in haste or without careful deliberation of the facts as it involved religious rights.
Commenting on the call for the amendment of Article 121 (1A) of the Federal Constitution which provides a clear dichotomy of the civil and syariah courts jurisdiction, Anwar said that it was unfortunate that the situation has come to such a stage.
He said the main intention of Parliament when introducing the article was to "clear the ambiguities on rights of Muslims in court and their concerns over their judicial forum in matters of personal status".
"I believe it was never the intention of Parliament to pass laws depriving non-Muslims of their religious rights." he said.
Anwar is currently in town for five days before returning on Sunday to Georgetown University, Washington DC, where he is a visiting professor.
Apart from holding a number of meetings with civil society groups, Anwar will be delivering a close-door lecture on the 'Agenda of the New Economy' tomorrow at the Kuala Lumpur Convention Centre.
Anwar is expected to complete his Georgetown stint in May.
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