AG able to step in on interfaith custody rows, lawyers say

By admin-s On Jun 27, 2014

(MMO) – The government’s top lawyer has the right of audience in any court, including the Shariah court.

The Attorney-General (AG) may take the unusual step of interceding in two interfaith child custody disputes on the grounds of constitutional issues, according to lawyers who also expect his bid to succeed.

Civil liberties lawyer Syahredzan Johan said according to Article 145(4) of the Federal Constitution, the government’s top lawyer has the right of audience in any court, including the Shariah court.

“Intervening in proceedings, you need to establish interest. Very easy for the AG to satisfy that,” Syahredzan told the Malay Mail Online today.

“He would probably seek to show how the conflict is causing problems for the police, so that is why he is stepping in,” he said, adding that the AG would likely succeed.

Tan Sri Abdul Gani Patail said in a statement yesterday that the Attorney-General’s Chambers was applying to intervene in two child custody cases in Seremban and Ipoh involving Muslim converts, and that the cases may be referred to the Federal Court for a final decision on the contentious issue.

He also said his agency would seek to stay both civil and Shariah court orders issued to the police in the Perak and Negri Sembilan cases respectively, where the High Courts had granted custody to the Hindu mothers, while the Shariah courts had given custody to the Muslim convert fathers.

Gani said the two disputes have raised constitutional questions about the powers of the Shariah and civil courts, particularly Article 121(1A) of the Federal Constitution, which states that the High Courts shall have no jurisdiction in Shariah court matters.