The National Syarie Lawyers Association (PGSM)
today said it is the Syariah Court, and not the civil court, which must
decide on the custody of S Deepa and Muslim convert Izwan Abdullah’s two
underage children, arguing that a child is automatically considered
Muslim if one parent converts to Islam.
Its president Musa Awang (right)
said that a national fatwa dialogue had ruled in June 2009 that when
one parent converts to Islam, the custody will go to that parent.
“When one parent enters Islam, the religious status for a child under 18 would automatically be Islam,” he said in a statement.
The Syariah Court had granted Izwan custody of the now divorced couple’s nine-year -old daughter and six-year-old son last year, but Deepa won custody of the children when she was granted divorce by the Civil Court on April 7.
However, two days later, Izwan snatched away his son from Deepa’s house, allegedly injuring Deepa in the process.
“If the civil court did not interfere on a matter decided by the Syariah Court, this thing would no have happened,” Musa said.
He asked the chief justice to issue a circular to all civil court judges not to “hear or rule on matter already ruled upon by the Syariah Court”.
This comes after former Court of Appeal judge Mohd Noor Abdullah recently said that a non-Muslim parent can have custody of children if the other half has converted.
Independent Islamic scholar and preacher Wan Ji Wan Hussin also recently said that the Prophet Muhammad himself did not grant child custody to a Muslim parent.
Its president Musa Awang (right)
said that a national fatwa dialogue had ruled in June 2009 that when
one parent converts to Islam, the custody will go to that parent.“When one parent enters Islam, the religious status for a child under 18 would automatically be Islam,” he said in a statement.
The Syariah Court had granted Izwan custody of the now divorced couple’s nine-year -old daughter and six-year-old son last year, but Deepa won custody of the children when she was granted divorce by the Civil Court on April 7.
However, two days later, Izwan snatched away his son from Deepa’s house, allegedly injuring Deepa in the process.
“If the civil court did not interfere on a matter decided by the Syariah Court, this thing would no have happened,” Musa said.
He asked the chief justice to issue a circular to all civil court judges not to “hear or rule on matter already ruled upon by the Syariah Court”.
This comes after former Court of Appeal judge Mohd Noor Abdullah recently said that a non-Muslim parent can have custody of children if the other half has converted.
Independent Islamic scholar and preacher Wan Ji Wan Hussin also recently said that the Prophet Muhammad himself did not grant child custody to a Muslim parent.
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