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Sunday, 28 August 2016

MIC hopes LRA amendments will end disputes

KUALA LUMPUR: MIC president Datuk Seri Dr S. Subramaniam hopes that the amendments to the Law Reform (Marriage and Divorce) Act 1976 will put to rest the disputes and conflicts between civil and Syariah laws and overlapping jurisdiction on interfaith child custody.

“We have been vigorously voicing these issues for many years and we are happy to see the fruits of our efforts. I have raised this matter at Cabinet meetings on several occasions and have personally met the Attorney-General and presented our views and suggestions to resolve this matter,” he said in a statement.

Dr. Subramaniam, who is also the Health Minister and part of a five-member committee to look into the interfaith custody issue, said he was pleased that the amendments will be tabled in Parliament in October and finally resolve this problem.

“We will request a briefing from the Attorney-General’s Chambers on these amendments and will put forward appropriate views if necessary to ensure a solution,” he said.

On Thursday, Prime Minister Datuk Seri Najib Tun Razak said divorce matters that involved civil marriages must be settled in a civil court even if one of the spouses converts to Islam, under legal reforms to be tabled in Parl­i­­a­­­­­­­m­ent in October.

In announcing changes to the Law Reform (Marriage and Divorce) Act 1976 (LRA), he said: “Any vacuum or overlap in existing laws can be resolved once changes are made to the Act.”

Malaysian Consultative Council Of Buddhism, Christianity, Hin­duism, Sikhism and Taoism secretary-general Prematilaka Seriseni said the Government’s proposal still did not address the problem of unilateral conversion of children.

He said the amendments were nothing new and only “mouths” the February 2016 Federal Court decision on the S. Deepa-versus-Izwan Abdullah custody battle where it was determined that the Syariah court had no jurisdiction over the dissolution of marriages even if one spouse had converted to Islam.

Amid all the legal inconsistencies, Prematilaka urged Najib to clear the air on the Government’s ban on unilateral conversions.

“The PM needs to follow his own Cabinet decision in 2009 and address this problem. We need to stop any parent from converting their children without consent of the other,” he said.

Meanwhile, Minister in the Prime Minister’s Department, Datuk Seri Jamil Khir Baharom welcomed Najib’s amendment proposals, claiming it would put to rest disputes that may arise when one spouse converts to Islam.

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