THE FUNDAMENTAL IMPACT ON THE MALAYSIAN LEGAL FRAMEWORK BY THE FEDERAL COURT DECISION OF INDIRA GANDHI A/P MUTHO v PENGARAH JABATAN AGAMA ISLAM PERAK & ORS [2018] 1 MLJ 545

Author(s):

Salman Sabry Salahudeen & Savannah Whitney Robinson

The plurality of the Malaysian Legal System has brought both a richer expanse of law, and a cross-jurisdictional conflict in the realm of personal law. This is demonstrated in wavering judicial judgements that have been passed over time. The contention between the Syariah and Civil Courts; the requirement of consent from both parents when converting minors and the protection of judicial independence and the separation of powers are areas of the law which have either been in doubt or conflict before the Federal Court decision in the case of Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak (Indira Gandhi’s case). Firstly, the Article provides for an overview of the case of Indira Gandhi; the facts, issues and the judicial development that led to the Federal Court decision. Secondly, the Article analyses and elucidates the rationality behind the Federal Court decision and explains why the decision of this case has impacted and changed the Malaysian legal framework for the better.

Abstract

Screenshot 2018-11-11 at 4.19.27 PM.png

Jurisdiction, Syariah Courts, Civil Courts, Basic Structure Doctrine, Constitution, Judicial Review, Constitutionality of Religious Conversion