The gridlock in interfaith marriage court battles, including on child custody, can only be solved at state level as the syariah court and Islamic affairs come under the jurisdiction of the respective states, Minister in the Prime Minister's Department Jamil Khir Baharom said today.

 

"Don't always come to the federal government. Do go back to your state governments and get them to make the necessary amendments," Jamil Khir told the Dewan Rakyat today

 

He pointed out that the moment either spouse converts to Islam, they are immediately under the jurisdiction of the syariah court, and no longer the civil courts, when it comes to family laws.

Jamil Khir, however, denied that the federal government did not have the political will to solve the problem, but said that the state governments must also similarly possess political will.

“The government realises there is a problem due to the conversion of either parent,” he said.

But Jamil Khir said that the government still holds on to the Federal Court decision that “parent” can be interpreted as either one of the parents and not both, basically allowing unilateral conversion.

“Leave it to the states to decide if they want to amend provisions, the states should find the best solution on such cases,” he said.

He said that a holistic solution to the matter can only be done at state level.