This article first appeared in The Edge Financial Daily, on February 16, 2016.

PUTRAJAYA: The Federal Court said a custody order issued by the Seremban Syariah Court to Muslim convert Izwan Abdullah is valid even though religious courts have no jurisdiction to dissolve civil marriages.

Judge Tan Sri Md Raus Sharif said a custody order by the Syariah Court was lawful under Section 52 (2) of the Child Act.

“We are of the view that, in light of the existence of the two conflicting custodial orders, the High Court judge should not have entertained the application of the ex-wife (S Deepa) for the recovery of Mithran from her ex-husband,” Raus said in the judgement released yesterday.

On Feb 10, the five-man bench led by Judge Raus allowed appeals by Izwan, the Inspector-General of Police (IGP) and the Attorney-General against the Court of Appeal decision that police should have acted on the High Court recovery order.

The Syariah Court issued a custody order to Izwan on Sept 19, 2013 after he had converted both his children, Sharmila and Mithran.

On April 7 the following year, the High Court granted Deepa custody of her children, but two days later, Izwan snatched Mithran from Deepa. Deepa then obtained a recovery order from the Seremban High Court on May 21, 2014.

Md Raus said the bench acknowledged that Syariah Court have no jurisdiction in this case to make the custody order.

“However, the Syariah Court order remained a valid order until it is set aside. Thus, with respect, the High Court judge, cannot direct the IGP or his officers to execute the High Court judgement, irrespective of the Syariah High Court order,” he added.

Md Raus said on the facts of this case, both the Syariah High Court and Civil High Court Order bound the IGP and his officers either way.

“In conclusion, we are of the view that the recovery order should not have been given because the pertinent element under Section 52 of the Child Act had not been fulfilled,” he said. — The Malaysian Insider