Moving forward to strengthen the position of Islam under the Federal Constitution

Jointly written by Hj. Mohamed Haniff Khatri Abdulla[1], Hj. Abdul Rahim Sinwan[2] and Azril Mohd Amin[3]

This paper intends to discuss the position of Islam within the Federal Constitution with regards to matrimonial disputes involving non-Muslim couples, married under the civil law, wherein one of the spouses converts to Islam. It will be proposed throughout this paper that the approach in resolving the nature of these disputes shall be by applying the necessary Syariah principles through the Syariah Court system, as opposed to the Civil law system. It will also be proposed that this approach is within the literal as well as spiritual intent of our Federal Constitution.

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