MCA points out loophole in NS conversion ruling
Published: Feb 6, 2015 4:34 PM | Updated: Feb 6, 2015 4:36 PM
Even though Negri Sembilan has earned praise for requiring people wanting to convert to Islam to first sort out their civil matters, it is not yet the time for celebration, said MCA’s syariah law and policy implementation special task force chairperson Gan Ping Sieu.
Even though Negri Sembilan has earned praise for requiring people wanting to convert to Islam to first sort out their civil matters, it is not yet the time for celebration, said MCA’s syariah law and policy implementation special task force chairperson Gan Ping Sieu.
Gan pointed out those who insist on converting to Islam without their spouse’s knowledge can still do so in other states, rendering the ruling, which aimed to avoid legal tussles, moot.
“Without disclosing to the non-converting spouse, there is nothing preventing the individual from embracing Islam and registering his or her conversion in another state,” he said in a statement today.
Gan said the individual can then use his conversion certificate obtained from another state and return to Negri Sembilan to convert his or her children.
As such, he said it is essential that other states also impose the same rules as Negri Sembilan to prevent loopholes.
Yesterday, Negri Sembilan Menteri Besar Mohamad Hasan announced that new rules will be imposed on those wanting to convert to Islam, including requiring the individual to divorce if his or her spouse refuse to convert together.
The converting individual must also sign a statutory declaration to make clear that he or she has embraced Islam.
The ruling effectively means someone converting to Islam must first resolve all his or her disputes in the civil courts.
At present, there has been several incidences where a parent converts to Islam then obtains custody of the children from the syariah court.
The non-converting parent will then obtain custody from the civil courts, creating a legal quagmire as the civil and syariah courts clash.
Other than emulating Negri Sembilan, Gan said all states should also require written consent from the non-converting ex-spouse agreeing to the children being raised as Muslims and witnessed by a non-Muslim.
“This condition will prevent any form of suspicion and accusations against state religious authorities of being biased.
“If the conflict persists over the minor child’s religion, then the child’s faith should remain as status quo, until he/she reaches the age of majority ie 18 years, upon which the child shall decide,” he said.
Gan pointed out those who insist on converting to Islam without their spouse’s knowledge can still do so in other states, rendering the ruling, which aimed to avoid legal tussles, moot.
“Without disclosing to the non-converting spouse, there is nothing preventing the individual from embracing Islam and registering his or her conversion in another state,” he said in a statement today.
Gan said the individual can then use his conversion certificate obtained from another state and return to Negri Sembilan to convert his or her children.
As such, he said it is essential that other states also impose the same rules as Negri Sembilan to prevent loopholes.
Yesterday, Negri Sembilan Menteri Besar Mohamad Hasan announced that new rules will be imposed on those wanting to convert to Islam, including requiring the individual to divorce if his or her spouse refuse to convert together.
The converting individual must also sign a statutory declaration to make clear that he or she has embraced Islam.
The ruling effectively means someone converting to Islam must first resolve all his or her disputes in the civil courts.
At present, there has been several incidences where a parent converts to Islam then obtains custody of the children from the syariah court.
The non-converting parent will then obtain custody from the civil courts, creating a legal quagmire as the civil and syariah courts clash.
Other than emulating Negri Sembilan, Gan said all states should also require written consent from the non-converting ex-spouse agreeing to the children being raised as Muslims and witnessed by a non-Muslim.
“This condition will prevent any form of suspicion and accusations against state religious authorities of being biased.
“If the conflict persists over the minor child’s religion, then the child’s faith should remain as status quo, until he/she reaches the age of majority ie 18 years, upon which the child shall decide,” he said.
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