The Sun
By Karen Arukesamy
By Karen Arukesamy
KUALA LUMPUR (Nov 24, 2009) : A spouse who converts to Islam may be able to file for divorce in the civil courts instead of waiting for the non-Muslim partner to do so, according to several proposed amendments by the Attorney-General’s Chambers.
This will help avoid complications in dissolving civil marriages in these cases, said a representative from the AG’s Chamber DPP Mohamad Naser Disa.
Speaking at a briefing session at Masjid Wilayah Persekutuan here yesterday, Mohamad Naser said currently, a Muslim convert who has a civil marriage under subsection 51(1) of Law Reform (Marriage & Divorce) 1976 (Act 164), will have to wait for the non-Muslim partner to file for divorce in the civil court to dissolve the marriage.
The Act deals with matters related to civil marriages and divorce cases of non-Muslims and amending it will allow it cover persons married under the civil law but who later on converts to Islam.
Mohamad Naser said the amendment for subsection 3(3), if approved will enable the Muslim convert to file a petition to divorce the spouse at the Civil Court on religious conversion ground because the Syariah Court is only for those who profess Islam.
"If the non-Muslim spouse refuses to divorce his or her converted spouse, the civil marriage will not be dissolved under the law," he said.
He added that this means the Muslim spouse would not be able to remarry or have a new Muslim family.
Thus amending the Act to allow both the parties to be able to file a divorce would do justice to the Muslim spouse, Mohamad Naser said, adding however, under the amendment the divorce can only be filed three months after conversion.
On child custody, a new provision under section 88B prohibits any parent or guardian from registering the change in religion for the child below 18 years old without obtaining the other parent’s or guardian’s permission.
"Another proposed amendment will enable the Muslim spouse to only pay alimony for three months after conversion date or come up with a limited period of time as the Muslim individual is no longer bound by the civil law," he said, adding that presently, alimony has to be paid for life or until the former partner remarries.
Other amendments in Act 164 also include that converted spouse do not necessarily have to inform the family of the conversion.
"It is the responsibility of the registrar of the converts to inform the family and it need not be the parents of the convert but any member of the family, like even the in-laws," he said, adding that the proposals are open for debate.
Mohamad Naser said the amendment for subsection 3(3), if approved will enable the Muslim convert to file a petition to divorce the spouse at the Civil Court on religious conversion ground because the Syariah Court is only for those who profess Islam.
"If the non-Muslim spouse refuses to divorce his or her converted spouse, the civil marriage will not be dissolved under the law," he said.
He added that this means the Muslim spouse would not be able to remarry or have a new Muslim family.
Thus amending the Act to allow both the parties to be able to file a divorce would do justice to the Muslim spouse, Mohamad Naser said, adding however, under the amendment the divorce can only be filed three months after conversion.
On child custody, a new provision under section 88B prohibits any parent or guardian from registering the change in religion for the child below 18 years old without obtaining the other parent’s or guardian’s permission.
"Another proposed amendment will enable the Muslim spouse to only pay alimony for three months after conversion date or come up with a limited period of time as the Muslim individual is no longer bound by the civil law," he said, adding that presently, alimony has to be paid for life or until the former partner remarries.
Other amendments in Act 164 also include that converted spouse do not necessarily have to inform the family of the conversion.
"It is the responsibility of the registrar of the converts to inform the family and it need not be the parents of the convert but any member of the family, like even the in-laws," he said, adding that the proposals are open for debate.
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