|
CATHOLIC LAWYERS DIOCESE OF PENANG
Pusat Keuskupan Katolik
PRESS RELEASE
The Catholic Lawyers of the
Diocese of Penang wish to express our grave concern
over the recent increase in cases where non-Muslims
have been required to seek recourse in the Syariah
Courts when their spouses convert and become Muslims
after marriage.
We are of the view that this is
unconstitutional.
Whether or not the Syariah Court
will be fair and just to a non-Muslim is NOT the
issue. The crux of the matter is that a non-Muslim
cannot be subjected to Syariah laws and the Syariah
Court has no jurisdiction over a non-Muslim.
Furthermore, it is also our view
that all Judges presiding in Civil Courts must
steadfastly uphold the Federal Constitution and
protect the constitutional rights of all citizens
without fear or favour. It is imperative that they
do so even if it is inconsistent with their own
personal religious, cultural or political beliefs,
as they have taken an oath to uphold the
Constitution.
Should a Judge finds himself/
herself unable to make decisions based strictly on
the tenets of the Constitution in a particular case
before him/ her, because of his/ her own personal
beliefs or bias, then the Judge should RECUSE
himself/ herself from the case.
For instance, a Judge who
professes the Catholic faith, should not dismiss a
Petition for Divorce simply because he/ she
subscribes to the Catholic belief that “what God has
put together, let no Man put asunder.” ie. that once
a marriage has been solemnized before God, no
divorce should be allowed.
We support the call of Raja
Nazrin Shah that “all Malaysians must defend and
promote the integrity of the Federal Constitution”.
We urge our Government and our
Judiciary to ensure that the constitutional rights
of every citizen under the Federal Constitution be
upheld, protected and guaranteed at all times,
irrespective of our differing views, beliefs,
customs and ideologies.
4th April 2007
Bernard Bhar
Chairman
Catholic Lawyers of the Diocese of Penang
1st Floor, No. 290, Jalan Macalister
10450 Penang
Tel: 04-2273405
Fax: 04-2283870 |