The civil courts must have the power to decide on inter-religious matters concerning marriage, divorce and custody, MCA Youth legal bureau chairperson Choo Wei Sern stressed today.

Choo was responding to Minister in the Prime Minister’s Department Jamil Khir Baharom’s assertion that all matters involving Muslims should be heard by the Syariah Court.

Choo said that an amendment must be made to the federal constitution to give this power to the civil courts to decide on family laws involving Muslims and non-Muslims.

“The conflict of jurisdiction ought to be resolved by way of an amendment to the federal constitution which empowers the civil courts to resolve such disputes,” Choo said in a statement.

“Further, the Syariah Courts shall not have jurisdiction and thus the power to decide on the interests of non-Muslims as this will go gravely against the fundamental spirit of which our federal constitution was written,” he added.

Choo said that the amendment was necessary to put an end to the “outstanding” issue which he said is doing the country “all harm and no good”.

“This constitutional amendment in 1988 has, as far as our federal constitution is concerned, caused the jurisdiction of the civil courts and the Syariah Courts to be unclear in cases pertaining to personal laws which involve both Muslim and non-Muslims,” he added.

The jurisdiction conflict has caused several unresolved marriage and custody disputes so far, with the inspector-general of police (IGP) Khalid Abu Bakar refusing to comply with civil court orders.