-M. Kula Segran, April 4, 2017.

Last week when the Law Reform (Marriage and Divorce) (Amendment) Act 2016 ( Act 164) was taken off the priority list to be debated and was placed last in the Parliament’s Order Paper,  I immediately objected to this ‘careless” decision of the people in power. Generally this means the Bill may not be up for debate and could be killed off.

I further said there are “ultras” who want to kill of the Bill!!

Yesterday, (April3) Perak Mufti Harussani Zakaria urged Putrajaya to withdraw from tabling the Bill due to a controversial provision banning unilateral conversion of minors. He was reported to have claimed that the proposed amendments will deny the rights of a Muslim convert, in addition to sidelining the powers of the Shariah courts.

The Perak Mufti was reported to have said that the Bill on Act 164 regarding married couples where a convert weds a Muslim and there is a divorce, then their children or children cannot be registered as Muslim either by the mother or father except by the consent of both after the child reaches 18, is a very serious matter that is against the Constitution and furthermore against Islam, and it is opposed to the rules set by the Shariah.

He claimed that any law that is against Islam is a direct opposition to God and would constitute idolatry.

The Mufti’s statement was most shocking .He was obviously misguided and misconceived when he made the statement.

First and foremost, the Act 164 regulates those who registered their marriage under the Civil Marriage. A Muslim cannot register his marriage and let alone seek protection under this Act. This Act governs the affairs of a Civil Marriage bond of a non-Muslim. In simple terms, it has nothing to do with Muslims.

Further the amendments have three important pillars in them:-

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1)  “Religion of child” clause 7– The amendment proposes to put in law the Cabinet’s decision of 2009 where it announced that when a party in a civil marriage converts his child, the child would be brought up in the faith the child was prior to the parent’s conversion. This amendment comes 8 years late.

2)   “Property of spouse after conversion” clause 5–A married person if he converts to Islam and subsequently dies, his properties (if any) would be shared by both families.

3) clause 8– That a parent is duty bond to provide financially for the child till he finishes further or higher education or training. Presently the obligation ends when the child attains 18 years old.

All the above proposals are applicable only and only for those who have registered their marriage under the Law Reform Act.

Is the Mufti suggesting that a convert can take shelter and avoid his obligations to pay his ex wife and children the moment he becomes a Muslim? Surely this cannot be the case.

Further, the Perlis Mufti Dr Asri Zainul Abidin has recently said “children should not be forcefully converted to Islam” which statement speaks well of Islam.

On November 21 last year, Tourism and Culture Minister Datuk Nazri Aziz has said that the proposed amendments to the Act, which will end unilateral conversion of a minor to Islam, is good for the religion.

“I don’t want Islam to be used as a tool for people to get out of their responsibilities towards their spouses,” he said.

Hence, a deeper understanding is needed by people like the Perak Mufti.

The Bill is still listed last in the order paper. I hope common sense will prevail on all. For the betterment of all, the Bill with the 3 cardinal issues must be approved.

Many Malaysians are eagerly waiting for the approval of the Bill and any ‘bobby trap” of this Bill will have severe consequence on thousands who are caught without a remedy and justice.