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Muslim person can’t be made party in non-Muslim marital court dispute: Court

This article is 3 years old

A Muslim individual cannot be included in a legal marital dispute involving a non-Muslim couple, ruled the Federal Court today.

In delivering the 2-1 majority decision, Chief Justice Tengku Maimun Tuan Man ruled that Parliament has made it clear that Section 3(3) of the Law Reform (Marriage and Divorce) Act (LRA) does not apply to Muslims.

In reading the ruling which was supported by fellow bench member Mohd Zawawi Salleh, Maimun said that this is in line with the separation of jurisdiction between the civil courts and Syariah Courts, in relation to dealing with marital disputes for non-Muslims and Muslims respectively.

She cited Article 121(1A) of the Federal Constitution which states that the civil courts in Malaysia...

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