Legal practitioners today proposed to the Negri Sembilan government to discuss with ulama (religious scholars) and Islamic NGOs before putting into effect the new regulations on conversion to Islam in the state.

The new regulations required a non-Muslim to divorce his or her spouse before converting to Islam and to make a statutory declaration that he or she had converted to Muslim.

Menteri Besar Mohamad Hasan had on Thursday said that the new regulations had been consented by the Negeri Sembilan Yang Dipertuan Besar and need not to be tabled at the State Legislative Assembly, as it only needed the approval of the State Executive Council.

Senior lawyer Mohamed Haniff Khatri Abdulla said the process for a non-Muslim to dissolve his or her marriage in the civil court would sometimes take quite some time and involve various issues, including matrimonial properties and children custody battles.

"And what is the 'hukum' (Islamic ruling) for delaying someone to embrace the religion (Islam)? Did the state government seek the advice of ulama on this? If not, then I suggest they do so before putting the new regulations into effect," he told Bernama when contacted.

Mohamed Haniff, who have handled many battles of Muslim converts and their non-Muslim ex-spouses to obtain custody of their children in civil courts, said he personally disagreed with the proposed new regulations.

"The decision on this matter should not be made hastily because it will affect the case involving a Muslim convert which is still pending at the Federal Court.

"The proposal to enforce the regulations should come after the court made its decision on the case," he said, adding that the case involved a custody battle between a Hindu mother, S Deepa ( right ) and her former husband, N Viran, who had converted to Islam and now known as Izwan Abdullah.

Equal rights

Meanwhile, Malaysian Muslim Lawyers Association president Zainul Rijal Abu Bakar also agreed that the Negeri Sembilan government should consult with the relevant quarters before proceeding with the plan.

"In my opinion, the proposal should be scrutinised because it may affect the Muslim converts. They should be given equal rights as Muslims," he said.

Zainul Rijal said it was equally important for the state government to look at the fact that a Muslim convert did not have any right under Section 51 of the Law Reform (Marriage and Divorce) Act 1976, which is a non-Muslim family law.

"How will they (Muslim converts) solve the many issues concerning their divorce? What if both the husband and wife embraced Islam and don't want to dissolve the marriage?" he asked.

President of Malaysian Syariah Lawyers Association Musa Awang, on the other hand, said the association had no objection with the plan because the main objective of new regulations was to safeguard the interests of Islam.

He said those who wished to embrace Islam can do so by reciting the Syahadah (declaration of faith) first, but their registration as Muslim converts should be put on hold until the process of dissolving their marriage was completed under the Law Reform (Marriage and Divorce) Act 1976.

"Only after the completion of the process shall they be given the certificate card declaring that they are now Muslims and get all the rights and privileges of Muslim converts," he said.

- Bernama

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