When one spouse converts to Islam, numerous problems arise
because of the dual court system in the country.
MCCBCHS suggests ways to overcome the problems.
Marriages contracted under the civil law and all relating matters – such as religious status of minors, custody of children, inheritance – should come under the jurisdiction of the civil law. This is one of the ways to avoid messy problems that arise when one spouse converts to Islam, as has happened in many cases.
 The Malaysian Consultative Council of Buddhism, Christianity, Hinduism and Christianity (MCCBCHS) has proposed the above measure to government authorities charged with the responsibility of studying matters involving the legal aspects of religious conversions in response to the highly controversial “Moorthy” court case, and other cases involving Muslims and non-Muslims.
In consultative meetings with the government authorities, MCCBCHS – acting on behalf of the nation’s non-Islamic religious groups – presented their concerns and proposals on ways to resolve the controversial issues.
Among the issues that were raised at the meetings are:
• Legal status of the marriage
Under the Islamic law, when one spouse converts, the non-Muslim spouse is granted a period to also convert. If he/she declines to convert and they stay married, the Muslim spouse would be considered to have committed zina.
There have been proposals of introducing a three-month period for the non-Muslim spouse to convert, failing which the marriage is automatically dissolved. This is contrary to the Law Reform Act 1976, which states that in civil marriages, when one spouse converts to Islam, the marriage is not automatically dissolved.
• Religious status of minor children (below 18 years)
Most states have provisions in their administration of Islamic law enactments to define a Muslim as a person who has at least one Muslim parent.
Hence, one of the legal consequences of a person converting to Islam is that his/her children also automatically become Muslims, even if the non-Muslim parent objects.
• Inheritance
Upon death, the inheritance of a Muslim convert must be administered according to Islamic law. The inheritance will go to family members who are Muslim. If the family members are not Muslims, they will not get the deceased’s property. If the deceased had willed his inheritance to his non-Muslim family members, only one-third of the inheritance can be distributed to them. The rest must be administered according to Islamic law.
• Guardianship, care and custody of children
If the children are deemed Muslims, then their custody will be determined by Islamic law. Most states provide for the Syariah Court to disqualify the mother from hadanah (right to custody) if she is a non-Muslim and pass custody to other persons; and that she is entitled to hadanah if she is a Muslim.
• Religious status of a deceased convert
MCCBCHS discussed with the government authorities on the procedures that all parties concerned should follow in the event that the conversion of the deceased is disputed by family members or any others. An example is the case of the late M. Moorthy whose wife disputed his conversion and went to court when she was told he had converted to Islam.
MCCBCHS spokesman Rev. Wong Kim Kong, who participated in the meetings, said the government authorities were currently finalising the steps to be taken to avoid all possible potential problems. He added that the meetings were productive and the authorities seemed genuine in their desire to see these matters quickly resolved. |
