Family disputes between a non-Muslim spouse and a converted Muslim spouse over the status of their marriage and their children must be decided in the civil courts as the parties were non-Muslims when they contracted their marriage.

Opposition party PKR, which is currently fighting a crucial by-election in the Selangor state seat of Ijok, has unequivocally backed R Subashini in her fight for her case to be heard in the civil courts.

Subashini has recently lost her bid to stop her Muslim husband from converting their children to Islam and dissolving their marriage in the Islamic court.

The appellate court, in a controversial March 13 decision, dismissed Subashini's attempt to stop her recently converted husband Muhammad Shafi Saravanan Abdullah from bringing divorce proceedings to the Syariah Court.

She was told by justices Suriyadi Halim Omar and Hassan Lah who made the majority 2-1 decision to take her case before the Islamic court.

It was also held in the landmark ruling that a Muslim could apply to the Islamic court to convert his or her underaged children without permission from the non-Muslim spouse.

However two weeks later, Subashini was granted an interim injunction by the same court restraining her husband from pursuing his claims in the Islamic court while she takes her case to the Federal Court - the country's highest court. It is due to hear the case on May 14.

Subashini's ordeal came in the wake of another case, S Shamala , who failed to reverse her Muslim husband's conversion of their sons.

Both of these cases, among others, have created great unease among non-Muslims and Muslims.

Recipe for chaos

In a statement released today, PKR president Dr Wan Azizah Wan Ismail urged the Federal Court to show "courage and compassion" in resolving the impasse in order to avoid any further confusion and conflict.

"The (Court of Appeal) ruling in Subashini's case has resulted in the unfortunate situation where a Muslim spouse - who converted to Islam only after contracting a civil marriage - is now allowed to pursue his family dispute in the Syariah Court against his non-Muslim wife.

"At the same time, the wife is pursuing similar remedies in the civil courts. This is a recipe for chaos and confusion."

While PKR affirmed the right of Muslims to practise Islam and to subject themselves to the syariah courts, it must also be emphasised that freedom of religion is guaranteed under the Federal Constitution.

"It was never the intention of Parliament for Article 121(1A) to be used to deprive non-Muslims of their rights, or for non-Muslims to be told to go to the Syariah Court for their remedies," said Wan Azizah.

"Beyond any doubt, the Federal Constitution has stipulated that the syariah courts will only exercise jurisdiction over Muslims, and in cases of disputes of personal law that arise between Muslims."

Wan Azizah described the situation created in the Subashini decision, where apparently both courts are having jurisdiction, as "unsatisfactory".

"It is the responsibility of the judiciary to ensure the spirit of the Federal Constitution is respected at all times, and justice and compassion are part of the law. Indeed, our social fabric and inter-communal relations depend on this."