M'sian Bar dismayed over unilateral conversion reforms delay

The Malaysian Bar has expressed dismay over further delay in tabling the Law Reform (Marriage and Divorce) (Amendment) Bill 2016 for a second reading at the Dewan Rakyat.

It urged the government to take all necessary steps to ensure that the bill is tabled and passed soon, in order to protect the interests of children.

“It is crucial that these amendments are brought to pass without delay, to prevent any further instances of unilateral conversion from occurring, as these are unjust, and cause turmoil and suffering for the parent and children affected,” Bar president George Varughese said in a statement today.

The highly anticipated bill is meant to resolve interfaith custody disputes, whereby an estranged parent unilaterally coverts him or herself and the children to Islam, and then claim custody of the children through the syariah courts.

Such interfaith custody battles had resulted in conflicting custody orders, where civil courts award custody of the children one parent, while the syariah courts award custody of the same children to the other parent.

The bill’s proposed amendments would allow the children to maintain their faith even if one of their parents converts, and may then freely choose their religion once they turn 18 years old.

The bill appeared on the Dewan Rakyat’s order paper yesterday, which was also the last day of the recent session. However, the tabling of the bill did not materialise.

Instead, only the PAS president Abdul Hadi Awang's motion to amend the Syariah Courts (Criminal Jurisdiction) Act was tabled.

According to Deputy Prime Minister Ahmad Zahid Hamidi, the tabling of the Law Reform (Marriage and Divorce) (Amendment) Bill 2016 had been postponed because it needed further refinement.

The decision came after Hadi and Perak mufti Harussani Zakaria criticised the bill.

Hadi complained that the amendments would mean that a law governing civil marriages would have implications on the right of Muslims.

Harussani argued that the bill goes against a fatwa in 2009 which stated that underaged children would automatically be a Muslim convert if either of their parents embraced Islam.