Rights
of non-converted spouse must be upheld when spouse converts — Women’s Aid
Organisation
July 25, 2013 Malay Mail Online
JULY 25 — Many objected strongly
when the government tabled the Administration of the Religion of Islam (Federal
Territories) Bill 2013 late last month.
The Bill allowed for the unilateral
conversion to Islam of a child by one parent, presumably after that parent
converts himself or herself to Islam.
We are glad that these strong
objections have caused the Bill to be withdrawn, for now.
Many have emphasized too that
withdrawing the bill does not address the problem as existing state religious
laws and the Bahasa Malaysia version of the Federal Constitution must be
amended to ensure that the consent of both parents is necessary for a child’s
conversion.
But unilateral conversion of the
child is not the only issue to worry about when one spouse converts to Islam.
In WAO’s direct experience with women whose husbands convert
opportunistically, other rights of the non-converted women have been eroded.
Right to inherit from a family
member who converts to Islam
If one spouse converts to Islam, the
non-converted spouse and other non-Muslim next-of-kin are not entitled to
inherit from the converted spouse. The Distribution Act 1958 does not apply to
the estate of any person professing Islam, and non-Muslims are generally not
allowed to inherit under faraid principles of asset distribution. Non-Muslim
family members can only receive at most one-third of the converted person’s estate,
if the converted person chooses to bequeath anything at all.
The Distribution Act 1958 should be
amended to safeguard the right of the deceased’s non-Muslim next-of-kin to
inherit.
Right to have all issues relating to
a civil law marriage settled according to civil laws and adjudicated only in
civil courts
Shamala a/p Sathiyaseelan is a Hindu
mother whose husband converted to Islam and converted their two infant children
without her knowledge or consent. She went to the High Court to seek redress,
but the Court ruled that since the children were now Muslims, the Syariah Court
was the only qualified forum to determine their religious status. As Shamala
was not Muslim, she could not appear in the Syariah Court either, and she was
left with no avenue to seek justice.
The Law Reform (Marriage And
Divorce) Act 1976 should be amended to ensure that all issues relating to a
civil law marriage are settled according to civil laws and adjudicated only in
civil courts. A marriage contract between two non-Muslims is made under civil
law. It is therefore unjust for a non-Muslim spouse to unexpectedly find her or
himself subject to laws other than those she or he had agreed to at the time of
marriage.
Right to be informed of a spouse’s
conversion to Islam
Everyone has a right to embrace a
religion of their choice, but there is no legal requirement for a spouse who
converts to Islam to inform his or her family members of the conversion. This
is key as the conversion has legal consequences on the marriage and the rights
of the non-converted family members. Before registering a conversion, religious
authorities should ensure that the spouse and other family members have been
notified through a written acknowledgment.
Irresponsible spouses have been
allowed to misuse religion to shirk their moral and legal obligations. As a
community of shared values we must not allow the unconverted spouse and other
family members to face the injustices caused by this misuse.
* Women’s Aid Organisation’s mission
is to promote and create respect, protection and fulfillment of equal rights
for women. Arguments in the letter were adopted from the memorandum “Safeguard
Rights of Wives and Children upon Conversion of Husbands to Islam,” published
by the Joint Action Group For Gender Equality (JAG) on 5 February 2007.
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