PUTRAJAYA, June 17 (Bernama) -- The federal and state governments need to harmonise human rights laws to ensure the welfare of the people, particularly on issues concerning family, marriage, and children’s rights, said Deputy Prime Minister Datuk Seri Fadillah Yusof.
He highlighted the legal dilemmas arising from Malaysia’s dual legal system, where British-based laws coexist with Islamic laws focused on family matters.
“Our dilemma in Malaysia stems from the country’s historical legal framework because many of our practices are rooted in British laws, alongside the introduction of Islamic laws that emphasise family.
“This has caused conflicts between the laws themselves. So this is what we have to resolve prudently, otherwise it will cause political polemics due to the background of the people (who are multi-racial),” he said at the closing ceremony of the Muzakarah on Human Rights Issues from the Maqasid Shariah perspective, here today.
Also present were Minister in the Prime Minister’s Department (Religious Affairs) Datuk Dr Mohd Na’im Mokhtar and Human Rights Commission of Malaysia (SUHAKAM) chairman Datuk Seri Mohd Hishamudin Yunus.
Fadillah stressed that legal administrative coordination is crucial to address issues such as unregistered marriages conducted abroad, which affect the status and rights of children born from such unions.
“If a marriage is not registered in Malaysia, it creates administrative problems. The child cannot be recognised as legitimate and cannot be registered with the National Registration Department (NRD).
“This not only affects the couple but also has serious implications for the child, as they lose entitlements under national policies and laws,” he explained.
He further pointed out the need to resolve questions surrounding mixed marriages, especially regarding eligibility for Malay reserve land ownership and the status of children under state laws, particularly in Sabah and Sarawak.
“For example, in a marriage between a Malay and a Chinese, questions arise over whether the couple qualifies for Malay reserve land, especially if the non-Malay spouse, even after converting to Islam, cannot speak the Malay language,” he said.
Fadillah also stressed the importance of regular consultations and dialogues with state governments to align policies and avoid contradictions with state administrations.
He also linked the importance of human rights to the principles of Malaysia MADANI mooted by Prime Minister Datuk Seri Anwar Ibrahim.
“Under the MADANI Government administration, human rights principles and Maqasid Shariah are interconnected to foster inclusive, just, and ethical governance. Both serve as a guide to ensure balanced national development spiritually, socially, and economically.
“The initiatives taken by the MADANI Government also demonstrate Malaysia’s commitment to lead the human rights agenda domestically, regionally, and internationally,” he added.
-- BERNAMA
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