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Wednesday, 11 February 2015

PM urged to get all states to emulate Negri Sembilan’s ‘divorce first, then convert’ law

ImageThe Sun Daily
by P. Chandra Sagaran, Haikal Jalil and Vathani Panirchellvum


PETALING JAYA: Prime Minister Prime Minister Datuk Seri Najib Abdul Razak has been urged to get all states to emulate the Negri Sembilan state government's "divorce first, then convert" proposed law.

The proposal is widely seen as an initiative to prevent serious problems, such as those faced by Hindu women M. Indira Ghandi and S. Deepa whose husbands converted themselves and their children without their knowledge, from happening to others.

A number of non-governmental organisations such as the Bar Council and the Joint Action Group for Gender Equality and Women's Aid Organisation have voiced full support for the "divorce first, then convert" law to be adopted nationwide.

In 2009, Indira's ex-husband K. Pathmanathan, who later became Mohamad Riduan Abdullah, had converted the couple's three children without her knowledge and then obtained a custody order for the children from the Syariah Court.

Indira is still waiting for her daughter Prasana Diksa to be returned to her despite her former husband being ordered to do so by the Ipoh High Court.

Deepa's case is also in the courts after her Muslim convert husband Izwan Abdullah (formerly N. Viran) was granted a stay against an order that he return his son Mithran to her.

Last Thursday, the Negri Sembilan government had announced that if a non-Muslim spouse wants to convert to Islam, the spouse must settle his or her divorce first before the conversion.

Ipoh Barat MP M. Kulasegaran said Najib should advise states to enact a similar "divorce first, then convert" law, saying Negri Sembilan Mentri Besar Datuk Seri Mohamad Hasan had taken the initiative to protect the sanctity of Islam and to prevent families from going through such suffering.

"The challenge will be for other states to implement similar proposals," he said, in calling on Najib to get the law adopted nationwide.

Meanwhile, the Bar council said the Negri Sembilan decision is in the right direction to ensure families settle their issues before converting to Islam.

Its Human Rights Committee co-chairman Andrew Khoo told theSun the Bar Council is looking forward to the law being implemented in all states to ensure religion and the law are not misused.

In supporting the call, Joint Action Group for Gender Equality hoped the new set of regulations will include a provision to ensure that any conversion of a minor must have the informed consent of both parents in accordance with Section 5 of the Guardianship of Infants Act 1961, which states that parents have equal guardianship rights.

"It is a bold and right move by Negri Sembilan," said WAO, adding that the new proposal came up partially due to the struggles of women whose spouses misused the law in the custody battles.

However, in SHAH ALAM, Selangor Mentri Besar Mohamed Azmin Ali said the state government will not be following Negri Sembilan in introducing the new provisions for now.

"That was a proposal by Negri Sembilan and we do not have any proposal for such amendments at the moment. Such a regulation needs deliberation and discussion with all parties," added Azmin after officiating at the handing-over of letters of appointment to Selangor village chiefs at the State Secretariat building here.

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