COMMENT It is bad enough that PAS compels gender segregation at cinemas, New Year countdowns and checkout counters at supermarkets, but to unilaterally rule that ‘Hatta Ramli must leave wife’ whereby they are automatically divorced for breaking the ba’iah oath by joining another political party, brings the idea of splitting up wedded couples to new heights.

While MCA remains sceptical as to whether the losers from the PAS elections have indeed shed their hudud law demands by setting up Parti Amanah Negara which is a rebranding of the Malaysian Workers Party, nevertheless, we oppose any quarter, in this case PAS, which is adamant at breaking up marriages, a sacrosanct institution.

We are not simply delving about the violation of freedom of assembly as guaranteed by the federal constitution, or any lawmaker having the conscience to switch parties once he does not identify with the goals of his former organisation.

Wanita MCA’s priority is focused on the welfare of the spouse, in particular the wife and the couple’s children. With this bai’ah oath and unilaterally declaration by the Kelantan Menteri Besar Ahmad Yaakob that Hatta’s divorce is automatic overnight, PAS will be creating larger numbers of single mothers, children who will grow up without a father figure in their life.

According to statistics provided by the Syariah Judiciary Department Malaysia (JKSM), the number of Muslim couples getting divorced rose by 2.3 times from 20,916 in 2004 to 47,740 in 2012, and to 49,311 in 2013 ( Malay Mail Online , March 3, 2014).

Has family no rights?

Even more alarming and a gross disservice and an injustice to the spouse is the announcement by PAS Dewan Ulama chairperson Dr Mahfodz Mohamed ( photo ) which scorns the fidelity of the wife when he warned that “if Dr Hatta fails to bring the bai’ah letter he signed to seek confirmation from the syariah court, the status of his relationship with his wife will fall under question ( New Straits Times , Sept 3, 2015).”

Why should PAS figuratively chain the wife and children to the husband’s political membership to an oath which is not cast in stone?

PAS subjugates its members’ spouse and children as collateral, to which, the latter are not at all signatory to at all.

The dissolution of any nuptial agreement must be decided and agreed upon solely by the affected husband and wife upon which, only then may the courts formalise the separation. Under no circumstances should divorce be unilaterally announced or determined by any external quarters be they marriage counsellors, divorce lawyers, menteris besar or religious authorities.

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HENG SEAI KIE is Wanita MCA national chairperson.