'Deferment of law reforms further disrupts fate of spouses, children'

Gerakan has expressed disappointment that the federal government has decided to defer the tabling of the amendments to the Law Reform (Marriage and Divorce) Act 1976.

The party’s law and human rights central bureau chief Baljit Singh said the bill was tabled last year and had been listed in the order paper for second reading at the just concluded Dewan Rakyat sitting.

“The fate of the spouses and children affected in cases of unilateral conversion and interfaith custody disputes remains uncertain following the bill being pushed back.

“The longstanding issues that have been hurting the society due to overlapping jurisdiction between civil and syariah courts must be addressed promptly and effectively to enable social recovery.

“The government had and must now reassure those seeking fairness and justice especially for non-Muslims, whose lives have been affected by unilateral conversions of their children,” Baljit said in a statement.

The state Gerakan Jelutong coordinator cited one of the most prominent cases involving M Indira Gandhi who is currently fighting a legal battle for custody of her youngest child. Her former husband had unilaterally converted their three children to Islam.

Baljit was referring to Deputy Prime Minister Ahmad Zahid Hamidi who said the bill needs to be “refined” to ensure that it will not become polemical and affect the peace of the country.

Uphold and enforce 2009 decision

Baljit urged the government to uphold and enforce its decision on unilateral conversion made on April 22, 2009.

The decision states that there should be no unilateral conversion of children and that the children of parents where one parent chooses to convert to Islam must continue to be raised in the common religion at the time of the marriage, he said.

Baljit recalled in August last year, Prime Minister Najib Abdul Razak had announced that the civil courts will have precedence in mediating divorce and child custody cases involving spouse who converts to Islam after marriage.

Najib had also reportedly said that it was a move in line with what Islam demands of Muslims.

“The amendments to the marriage law are the right thing to do and it is in line with the Federal Constitution. Changes to LRA will uphold Islam as a religion that advocates justice and fairness to all.

“All parties should understand that when observing the spirit of the amendment and refrain from any polemics,” said Baljit.