The government has no intention to amend the Federal Constitution to clarify the jurisdiction of syariah and civil courts, the Dewan Rakyat was told today.

Minister in the Prime Minister's Department Nazri Abdul Aziz said that the two courts operate separately although they are both equal as stated in the Federal Constitution.

He added that there was no overlapping of jurisdictions between the two different courts.

"In January last year, the prime minister announced that the cabinet will not amend the Federal Constitution, and the decision stays," said Nazri.

Nazri was replying to a query from Dr Wan Hashim Wan Teh (BN-Gerik) who wanted to know if the government had any plans to amend the constitution to avoid the overlapping of jurisdictions.

Wan Hashim also wanted to know if the government intended to curb the discussion by the public on matters considered to be sensitive.

Special committee

In recent years, the issue of jurisdictional overlapping between the two court systems has caused some controversy, especially in conversion cases.

Many non-Muslim spouses of newly converted Muslims have been left in a lurch following an ambiguity over the courts that should determine their plight.

Referring to this ambiguity in the courts' jurisdiction on such matter, Nazri said the government will be studying the matter.

"The Attorney-General's Chambers is studying the matter. A special committee has been formed by the AG's Chambers, which include NGOs, academicians and religious associations," he said.

"A few meetings were also conducted to discuss possible amendments to the laws related to conversion," he added.

Nazri, explaining that conversion was a matter that could not be solved by the law, said: "Conversion is more than just legal procedures - it is about faith. It is a sensitive issue, and we hope that we will discover a better methodology to deal with conversions in the future."

Abolishing Common Law

Responding to a supplementary question from Lim Kit Siang (DAP-Ipoh Timur) who asked about Chief Justice Ahmad Fairuz Sheikh Abdul Halim's suggestion to abolish the Common Law, Nazri reiterated that Ahmad Fairuz had never suggested such a thing.

"In August, chief justice said that the Common Law must be abolished and replaced with Islamic law. However, Nazri denied it in the Parliament when I had the evidence to prove that CJ has advocated the abolishment of Common Law. If he (Nazri) could deny this, definitely he could also deny the judicial crisis surrounding the Lingam tape ," said Lim.

"He will continue using the Parliament as a tool to mislead everyone. Doesn't this indicate that we're going through a judicial crisis?" he asked.

Responding, Nazri said that there was no judicial crisis besides what has been said by the opposition.

He also clarified that Ahmad Fairuz had not suggested for the Common Law to be abolished, but had merely given his opinion that "there is no need for the public to go to the Common Law as we have many legal experts who could give their views on legal matters."

"I have the text of his speech, and he never said anything about the abolishment of the Common Law. He voiced his view when reporters pressed him for comments," said the de facto law minister.