Proposed amendments to solve conversion problem

The proposed amendments are being drafted now, after so many cases of conversion that left families in tatters. Some of the suggestions were presented today in a session for the religious entities like Malaysian Muslim Welfare Organisation (Perkim), Federal Territory Islamic Religious Department (Jawi), and Attorney-General’s Chambers, among others:

1. The proposed amendment to the Law Reform (Marriage and Divorce) Act 1967 is to allow Muslim converts to file for divorce in the civil courts. Currently, the law was only applicable to non-Muslims.

“It (amendment) is meant to avoid Muslim converts from being abused by their spouses who refuse to file the petition for divorce, (but) with the amendment, they (converts) can do so in the civil courts,” senior federal counsel Mohamad Naser Disa said in a special briefing on laws pertaining to religious conversion at the Federal Territory Mosque today.

The proposed amendment would also affect the Administration of Islamic Law (Federal Territories) Act 1993 and the Islamic Family Law (Federal Territories) Act 1984.

2. The amendment also aimed to make effective the annulment of a civil marriage to three months after the conversion of a spouse to Islam.

3. Giving the civil courts the power to decide on matters pertaining to the division of jointly acquired matrimonial property, alimony and child custody.

4. Giving the civil courts the power to prohibit the mother or father from registering the religious conversion of their children.

5. The amendment would also give power to the civil courts to administer assets belonging to a Muslim convert who died before the annulment of his civil marriage.

“This is to avoid a tussle for the body of the convert,” he said.

6. Mohamed Naser said Section 14 of the Islamic Family Law (Federal Territories) Act 1984 would be amended to give power to the syariah court judge to allow a convert to marry.

7. Sub-section 46(2) of the Act would be deleted to avoid overlapping of jurisdiction between the syariah and civil courts.