The Penang state government is studying the Negri Sembilan proposal which require Muslim converts to annul their civil marriage before conversion, to see if it is suitable for the state.
 
Penang exco member for Islamic affairs Abdul Malik Kassim told Malaysiakini today that Penang will discuss the matter before making a decision.
  
“I will reserve my comment until we have studied the ruling thoroughly and will seek various views on the matter before decision is made,” Abdul Malik said.
 
His statement came as DAP parliamentarian M Kulasegaran (left in photo), who is also a lawyer who has taken on custody wrangles post-conversion, urged other states to follow suit and for Prime Minister Najib Abdul Razak to spearhead the change.
 
Yesterday, Negri Sembilan Menteri Besar Mohamad Hasan announced that the state will table a new law requiring non-Muslim couples to divorce if either spouse converts to Islam.
 
In addition, the new convert will be required to make a statutory declaration on his change of faith to avoid legal complications.
 
A step forward, say NGOs
 
The move by Negri Sembilan has both women’s groups and syariah lawyers – often at odds in custody battles involving converts – agreeing that it is a step forward.
 
Malaysian Syarie Lawyers Association (PGSM) president Musa Awang said his group has no issues with the new law and the Negri Sembilan Islamic Religious Department should be given a chance to implement it.
 
He also dismissed suggestions that the process would delay converts trying to embrace Islam or encourage divorce.
 
Musa (below) countered the suggestions by saying that those who embrace Islam could ask their spouse to also convert.
 
“Like it or not, he has to make a choice and resolve any outstanding issues in their existing marriage.
 
“We don’t want Islam to be seen as a place where people bring their problems when they embrace Islam.
 
“It is not that we don’t allow him to convert, but the outstanding marital problems need to be resolved first,” he told Malaysiakini today.
 
The issues that would need to be resolved include alimony and the religion of the children, Musa said.

He expressed hope it would put an end to cases like that of the convert Mohd Ridzuan Abdullah.
 
Mohd Ridzuan, previously known as K Pathmanaban, is involved in a high profile child custody battle with his ex-wife M Indira Gandhi, after he professed to being a Muslim and unilaterally converted their daughter.
 
The Syariah Court had granted the custody rights to the father while the civil court had ruled in favour of the mother.
 
‘Practical move’
 
Another lawyer, Muralee Menon, who had tackled such custody battles before, lauded the proposal as a “bold but practical move”.
 
“The amendments to this provision would be welcomed. There are two issues being addressed: conversion into Islam by a person married under civil law, and death of the convert,” he told Malaysiakini.
 
However, he said the unilateral conversion of minors remains unaddressed.
 
“Thus it would be highly welcomed that the State Islamic Council would make provisions that the conversion of the child must be consented to by both parents, failing which the child remain in his or her present religion.
 
“The process for consent by both parents must be rigid and it would be proper for the physical presence of both the parents before an independent tribunal or body to ascertain consent,” he said.
 
Muralee had previously represented convert Dr M Jeyaganesh in the custody battle for two children he converted to Islam without the knowledge of his wife.
 
Shamala, who had been given custody of her two children, later fled to Australia with them when the High Court held that a Sharia Court was the only forum to determine the validity of their conversion.

Address 'lives put on hold’

Meanwhile, the Joint Action Group for Gender Equality (JAG) lauded the proposal as a step towards addressing problems arising from secret conversions and the ensuing trauma to family members.
 
“Such complications have resulted in unnecessary hardships and drawn out court battles that have put the lives of many on hold.
 
“These regulations better reflect the Quranic principles of justice and fairness. Islam enjoins upon Muslims to treat Muslims and non-Muslims justly and fairly, and avoid shirking one’s responsibilities, even in conditions of enmity,” JAG said in a statement today.
 
It urged other states and the federal government to follow suit, and called for new procedures requiring the consent of both parents for the conversion of minors.
 
This, it said, is in line with Section 5 of the Guardianship of Infants Act 1961 that gives equal guardianship rights to both parents of a child.
 
JAG is a coalition of eight women NGOs including Sisters in Islam, Women’s Aid Organisation, Empower, and Women’s Centre for Change Penang.
 
Women’s group All Women’s Action Society (Awam) said they welcome any legal amendments that would ensure justice to all parties.
 
Its statement today said they would comment on the new regulation only when they have the details, pointing out that conversions have been used to escape civil jurisdiction.
 
“We have seen cases where there is a great injustice because a party has converted to Islam in order to escape his or her obligations under an existing civil marriage, such as the payment of maintenance.
 
“Religion is a personal choice. However, when conversion takes place, the authorities should ensure that there is no abuse of religion to justify discrimination, violence or injustice,” it added.
 

Reporting by Koh Jun Lin, Abdul Rahim Sabri, Hafiz Yatim and Susan Loone.