KUALA LUMPUR: The lawmakers should decide whether to amend existing laws to set up special courts to settle Islamic and non-Islamic disputes (on certain matters), said Chief Justice Arifin Zakaria. “The executive and legislature should decide because it’s a question of policy,” he said, in response to Court of Appeal Judge Hamid Sultan Abu Backer’s dissenting view on M. Indira Gandhi’s children’s conversion case.
“It’s not for Justice Hamid or any judge to make such a proposal,” he added.
In his dissenting judgment, Justice Hamid said that special courts should be created in the states where there are disputes involving Muslims and non-Muslims.
Justice Arifin also said the judiciary respects the Doctrine of Separation of Powers in the Federal Constitution. “I always advocate the judiciary to expect the executive to respect our independence but we should also not be interfering in the functions of the executive.”
“It’s a mutual kind of thing that the Federal Constitution states,” he said.