Tourism and Culture Minister Nazri Aziz told Malay Mail Online that the Bill to be tabled in the October Parliamentary sitting would bring the issue in line with the Cabinet’s decision in April 2009 to require both parents’ consent for the conversion of a child under the age of 18.
“Once you amend the Act it will lead to, and certainly be a solution for, the issue of unilateral conversion by one parent in the future.
“When we do this amendment, in the future it will resolve issues like the Indira Gandhi case,” Nazri was quoted as saying by the news portal.
Nazri was referring to one of two prominent cases of Hindu mothers whose children were unilaterally converted into Islam by their Muslim convert ex-husbands.
M Indira Gandhi, in Perak, and S Deepa (Negri Sembilan) had been respectively involved in long drawn-out court battles regarding the custody and unilateral conversion of their children.
The issue struck a chord in society with the civil courts deciding in favour of the wives by ruling that the conversion was not valid, but the Shariah court ruling for the husbands.
According to Nazri, a key amendment contained in the Bill would be ensuring that any divorce case involving a spouse, who is still in a civil marriage, converting to Islam must first be heard by the civil courts.
“Now we are saying that all marriages under civil law must be resolved by the civil courts, it doesn’t matter if one person converts to Islam, the marriage took place under civil law.
“This will in turn take into consideration the issue of custody of children, and those who were born out of the marriage under civil law, the civil courts should deal with these cases,” Nazri said, according to MMO.
“No more cases like Indira Gandhi. The religion of the children (in these disputes) will be the common religion of both parents when they were married under civil law… that is only fair.”
Nazri also admitted many cases of apostasy in the country stemmed from the issue of unilateral conversions done by a convert spouse from years ago, with the children now being adults wanting to leave Islam as they had only been practising their original faiths all their lives.
“That is why we hear of kes-kes murtad (apostasy cases). In cases like these, if they were raised to be Hindu from young, they should continue assuming that faith,” MMO quoted Nazri as saying.
On Aug 25, Prime Minister Najib Razak announced that the government will amend the Law Reform (Marriage and Divorce) Act 1976 with immediate effect.
“The amendment of this Act will provide an opportunity for both partners to resolve the issue of a civil marriage in the civil courts, thus enabling them to continue their life like other couples to marry non-Muslims.
“At the same time, the clash between the civil court and shariah court, arising from conversion to Islam by one of the spouses, may be removed and the legislative gaps and duplication of the provisions within the existing law may be resolved,” Najib said in a statement.
Interfaith group, the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), responded to the announcement with optimism but specifically enquired whether the Cabinet will abide by its April 2009 decision that both parents must consent before a child of a civil marriage could be converted to another religion.
Also asking for more clarification and the Bill to be revealed to all stakeholders in the issue were the Association of Women Lawyers (AWL).
The AWL called for the government to hold discussions with the relevant groups who have been vocal on the issue of unilateral religious conversions, especially since it affects so many lives, including those of the children in a family where one spouse converts to Islam.
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