Amanah President Mohamad Sabu said while his party supported the ruling, he did not see it solving future interfaith conflicts. ― Picture by Yusof Mat Isa

KUALA LUMPUR, Feb 8 — Amanah President Mohamad Sabu has called on Putrajaya to amend laws to allow Shariah courts to include minorities in proceedings, a move he argued was in line with Islamic teachings.

Mohamad, or known popularly as Mat Sabu, said giving minorities the right to a fair hearing in the Islamic Courts is crucial for a just solution to legal interfaith tussles, which has been a source of prolonged religious tension in the country.

“Amanah believes it is time for the Shariah courts to open its doors and give non-muslim spouses a fair hearing in any cases in they have been named as defendants,” the Amanah president said in a statement.

“This is not the case today where even if they are named but their right to present their case are denied by existing laws.

“(Shariah) Judges must be open to submissions by non-muslims as proof that Islam is fair and is able to ensure universal justice, including to non-Muslims.”

The proposal should be a crucial aspect of a much needed reform of the Shariah courts, he added.

“Shariah court reform that includes dispensing universal justice must be given serious consideration. The Shariah courts have the prerogative to fight for justice, not as a platform to side Muslims over non-Muslims,” he said.

Mohamad’s proposal comes amid conservative Muslims’ protests against the Federal Court’s landmark ruling in the Indira Ghandi case that declared unilateral conversion of minors to be unlawful.

The Amanah president said while his party supported the ruling, he did not see it solving future interfaith conflicts.

“Because this is a matter of interpretation of the Constitution, a ruling by a Court, even if its the Federal Constitution, does no bind other courts to have different interpretation,” he said.

“Therefore it cannot be denied that the root cause of the problem has yet to be solved and there is possibility that this controversy may repeat itself until an ultimate interpretation is made.”

This referred to the jurisdiction overlap between the civil and Shariah courts, Mohamad added.

Amanah has also proposed that a Special Courts be established to “harmonise” any potential jurisdictional overlap in future legal interfaith cases, echoing the calls made by the more moderate Muslim groups.