iv) With regard to the overlap of jurisdiction between the Civil and
Syariah Courts, should there be no explicit provision in respect of
any matter that was supposed to be under the jurisdiction of the
Syariah Court; the matter could be brought before a Civil Court.
For example, cases involving illegitimate children could be brought
before the Civil Courts.
The Commission observed that the sharing of views, opinions, and
knowledge between the participants, organiser, and distinguished
speakers was well received by JAKESS and it is hoped that the
cooperation and good relations between the Commission and JAKESS
in human rights education and promotion, in accordance with the
principles of Syariah, will continue.
(ii)
CHAPTER 1
Workshop with Syarie Lawyers on International Human Rights
Instruments
On 8 April, the Commission held an introductory workshop on
international human rights instruments, namely the Cairo Declaration,
UDHR, CEDAW, and CRC, with members of PGSM as part of the
preparations for them to represent the Commission in Syariah Courts.
The workshop was attended by 27 PGSM members.
The workshop was officiated by the then Chair of the Commission, Tan
Sri Hasmy Agam. Tan Sri Hasmy Agam addressed the notion held by
some Syarie lawyers that human rights come from a Western agenda
and are not in line with the teachings of Islam. He then highlighted
that human rights can be compatible with Islamic teachings as
contained within the Quran and Hadith and as officers of the court,
Syarie lawyers should act as conduits to change this misconception
and educate the Syarie legal fraternity on the compatibility of human
rights and Islam.
The workshop was divided into three sessions. Prof Dato’ Dr Aishah Bidin
conducted an introductory session on the Commission and explained
the UDHR and Cairo Declaration while Prof Dr Najibah Mohd Zain from
IIUM conducted sessions on CEDAW and the CRC.
The Syarie lawyers engaged the speakers on various matters ranging
from common issues such as custody of children and divorce to more
controversial matters such conversion out of Islam (murtad).
The Commission observed that while many Syarie practitioners
were still conservative in not wanting to tackle provocative issues,
there were several Syarie lawyers who were prepared to face those
controversial issues. The Commission views this as a healthy sign that
Syarie practitioners are open to discourse as Islam itself encourages its
followers to seek knowledge and celebrate differences in opinion.
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