This article was last updated on April 16, 2022
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The Attorney-General this Thursday said that his office would be applying to intervene in two controversial interfaith custody cases, and also apply to have the court orders on the police suspended. Tan Sri Abdul Gani Patail said this was because both cases have become cases of public interests which touched on religious sensitivities and have the potential to threaten public order.
“The department will apply to intervene in the proceedings of both cases in the Court of Appeal and High Court and will also apply for the suspension of the court orders by the civil and Shariah courts to the police,” he said in a statement today. “This action is being taken to ensure that the issues brought up in both cases will be solved once and for all, fairly and peacefully according to the Federal Constitution and the law.” On April 7, High Court judge Datuk Zabariah Mohd Yusof granted S. Deepa custody of Sharmila and Mithran, both of whom had been converted to Islam by her husband last year without her knowledge. The judge allowed Deepa’s application as the civil court had jurisdiction over the matter and provide the relief for custody and dissolution of the couple’s marriage.Two days later, Izwan abducted Mithran, saying it was for the child’s “protection”.
According to MSN news Gani further said that such cases have raised questions on the constitutional powers of both the Shariah and Civil courts, which gave conflicting decisions, particularly on the interpretation of Article 121 (1A) of the Federal Constitution.
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