Abim opposes Negri's 'divorce then convert' idea

 

Muslim NGO Angkatan Belia Islam Malaysia (Abim) has opposed Negri Sembilan's plan to enforce a requirement for converts to Islam to first settle their divorce with the non-Muslim spouse.

"Abim oppose the said suggestion and instead repeat our stand that the syariah court should open its doors to non-Muslim couples to be heard and tried.

"The requirement for both parties to be Muslim (before going to shariah court) in the state enactment should be amended first," said Abim secretary general Muhammad Faisal Abdul Aziz in a statement today.

Citing the lengthy divorce process, he said the suggestion to make it mandatory for converts to first end their marriage with their non-Muslim spouse at the civil courts, would be an "obstacle to the individual to embrace Islam immediately".

Negri Sembilan Menteri Besar Mohamad Hasan said this week the suggestion was made to put an end to post-conversion issues with the non-Muslim partner.

The Negeri Sembilan law is the first attempt to provide solutions for interfaith custody disputes which continue to be a problem in the country.

One example of a couple embroiled in such tussle is S Deepa and Izwan Abdullah (above), who were married according to Hindu rites in 2003.

Izwan embraced Islam‎ in 2011, then converted his two children, including the six-year-old, allegedly without Deepa’s knowledge.

Divorce can be a lengthy process

Muhammad Faisal pointed out that many lengthy divorce processes, apart from alimony and the custody of the children, had many "disputed" cases which can prolong for years.

"So, the would be convert will be 'forced' to disregard his plans for years just to settle the divorce case first."

He added that it will get complicated when the spouse who wish not to convert is against the divorce.

"We are worried that this will be taken into account by the civil court judge on the principle of the civil divorce, whereby a change in religion would not necessarily be grounds for divorce.

"If this happens, will the person who wish to embrace Islam be prevented to convert according to the state law, which, clearly goes against freedom of religion as enshrined in the federal constitution?" he asked.

Meanwhile, Malaysian Human Rights Society (Hakam) president Ambiga Sreenevasan said the Negri Sembilan ruling is a good beginning and praised the state ruler for agreeing to it.

"It is a fantastic first step and they (Negeri Sembilan) have shown leadership which the federal government should have done," she told journalists in Kuala Lumpur today.

However, Ambiga cautioned that the details of the new rules must be scrutinised first to ensure that it will work as intended.