The Syariah Lawyers Association of Malaysia (PGSM) has urged the government to speed up the establishment of the Syariah Special Appeals Court in the states and federal territories for the dissatisfied parties to appeal their cases to a higher level.

   

Its president Musa Awang said the setting up of such courts would also provide more opportunities for syariah lawyers to offer their services which were limited compared to the civil lawyers'.

   

He said the move could also boost government efforts in enhancing the position of the institution of Malay rulers and Islamic religious management institutions.

   

"Therefore, we (PGSM) want the government to state the date when the Syariah Special Appeals Court can be set up as many Muslims have frequently asked us on the developments with regard to this proposed court," he said when contacted yesterday.

Musa ( left) said the proposal paper was now with the Malaysia Syariah Judicial Department in Putrajaya, and its proposed establishment was agreed upon by the cabinet on Dec 23, 2009.

       

He explained that since the country's independence, the appeals proceeding hierarchy was that the decisions for cases that began at the Syariah High Court could only be appealed at the Syariah Appeals Court, meaning only one level, while those for cases that began at the Lower Syariah Court could be appealed through two stages, namely the Syariah High Court and Appeals Court.

   

"The system is different at the civil courts where the decisions on cases that begin at the High Court can be brought for appeal to the Court of Appeal and then to the Federal Court."

No amendment to federal constitution

 

Musa said the setting up of the Syariah Special Appeals Court would not involve amending the Articles, Schedules and Sections in the federal constitution while in the respective states, it would only involve amending the existing Islamic religious administration acts or enactments.

   

He said the setting of these special appeals courts in the federal territories and states would also not erode the power of the Yang di-Pertuan Agong, sultans and rulers as the heads of Islam.

   

The Syariah Special Appeals Court, he added, could also be referred to on the point of law pertaining to public interest and when there were conflicts over jurisdiction.

- Bernama