I previously wrote about the marriage between 14-year-old girl with a school teacher who is 23. Their marriage not the issue until they took part in a 1Malaysia wedding reception organised by the Federal Territory Islamic Affairs Department (Jawi).
And today I read about the respond of that girl.
It is somehow making me confuse. Should Syariah Court's decision must be based on a government endorsed policy? One thing is, it is Syariah Court's and its decision based on the Syariah Law.
Thus as long as it is not contravene with Syariah Law ie: Islamic Enactments, then there is not a question whether it is conflicting with a government policy or not. I am wondering how a government policy could effect the Syariah Court's decision.
If that is the situation, then courts will not be able to exercise their power and jurisdiction independently. The executive shouldn't be intervene in court's decision. Article 122A confers exclusive power to Syariah Court.
I think we heard enough how sometimes Syariah Court and Civil Court are conflicting each other. And we don't want another conflicting situation between Syariah Courts and a government policy.
I think some of my blog readers will be boring reading this entry because it is somehow very "law" in nature.
And today I read about the respond of that girl.
Marriage is my right, says 14-year-old Maya
PETALING JAYA: Siti Maryam Mahmood is standing firm by her decision to get married at a young age.
“Marriage is the right of the individual and I am well-prepared to take up the duties of a wife,” said the teenager, fondly called Maya by her family.
“I have thought about the responsibilities and the consequences of marrying at a young age.
“At the same time, I have my mother to guide me on my marriage and my wifely duties,” she told Mingguan mStar, the weekly Malay news magazine of The Star.
. . .
The matter had since stirred a heated debate over young marriages, prompting Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil to say the Syariah Court’s decision to allow Maya’s marriage is not a government-endorsed policy.
. . .
The Star Online
It is somehow making me confuse. Should Syariah Court's decision must be based on a government endorsed policy? One thing is, it is Syariah Court's and its decision based on the Syariah Law.
Thus as long as it is not contravene with Syariah Law ie: Islamic Enactments, then there is not a question whether it is conflicting with a government policy or not. I am wondering how a government policy could effect the Syariah Court's decision.
If that is the situation, then courts will not be able to exercise their power and jurisdiction independently. The executive shouldn't be intervene in court's decision. Article 122A confers exclusive power to Syariah Court.
I think we heard enough how sometimes Syariah Court and Civil Court are conflicting each other. And we don't want another conflicting situation between Syariah Courts and a government policy.
I think some of my blog readers will be boring reading this entry because it is somehow very "law" in nature.
Syariah Courts and A Government Policy?
Reviewed by faizalnizam
on
December 12, 2010
Rating:
Cukupla konflik dgn mahkamah sivil, ni kenapa polisi kerajaan nak dikaitkan pula..
ReplyDelete@tengkorakemas
ReplyDeletebetul tu bro. kalau camni keadaannya takut kuasa Syariah Court nampak seperti diperkecilkan.