The government will soon set up the Family Court encompassing aspects of both Syariah and civil laws to address delays in implementing judgments in the Syariah system.

"We will try to ease the conflict between the civil and Syariah laws by putting together both concepts in these courts which will be formed as soon as possible," Minister in the Prime Minister's Department Dr Rais Yatim told reporters in Putrajaya today

"The formation of the Family Court will help to address the tardiness of the implementation of the judgments and other standing legal issues in the Syariah Court," Rais added, giving the example of backlog of cases and the lackadaisical attitude of the officers.

He said this after meeting with Women and Family Development Minister Shahrizat Abdul Jalil to formulate a policy on the Family Court, a first in Malaysia's judicial history, to deal with the plight of women.

At present family matters involving Muslims are dealt with by the Syariah Court while those of non-Muslims go to the civil courts. The structures for both these courts are different and the Syariah Court is further segregated by different state laws.

Rais also said that he would be calling on his counterparts from the Department of Islamic Development Malaysia (Jakim) to meet as soon as possible.

"We will try to implement into the intra-territorial maintenance of the family law judgments and we will try to see it through," Rais said.

He added that the federal position would be strengthened as well, streamlining the judgments.

"The biggest enemy we have now is the delay in the implementation of the judgments in Syariah court. There is no point in giving the judgment when the parties are left without a remedy," Rais said.

Last Friday, Sisters in Islam coordinator Sharifah Zuriah Aljefri criticised the Syariah Court for its bias against Muslim women.

She said that although steps had been taken by the Syariah Judicial Department to minimise delays, there were still many shortcomings such as gender bias in the court.

Changes in acts

During the press conference today, Rais also said that the establishment of the Family Court would entail changes to the present legal system, such as the training of judges.

"We are examining some changes into the Court of Judicature Act and would also be setting up some procedural guidelines and we are also suggesting adding more judges to preside in the court.

"We are also looking at the provisions under the Police Act and would be calling on the police to provide assistance because as it is the police seem to uphold civil judgments more vigorously," Rais said.

He said the new court would be set up in all states in Malaysia.

"This court is part of the judicial process and not separate from it, and its designation would be under the family matters court.

"I will also inform the Federal Court Registry to take an interest in the matter of the court and be reciprocal," Rais said.

However, he did not say exactly when the Family Court will be set up.

Meanwhile, Sharizat told reporters to exercise extra care during the hearing of cases involving family disputes.

"We have to be careful when covering the hearing as it may prove to be traumatic for the parties especially when a child is involved," Shahrizat said.

Justice for women

When contacted, Sisters in Islam coordinator Nik Noriani Nik Badliani Shah said the organisation supported the move.

"It is the misinterpretation and the mis-administration of the Syariah laws that have caused discrimination against women. Syariah itself ensures justice for women.

"We have supported and we have been pushing for this Family Court for a long time and we hope that this court will create [a common ground for] civil and Syariah laws," Noriani said.