A forum today on the issue of conversion heard a resounding 'no' to Negri Sembilan's plan to table a new law requiring non-Muslim couples to divorce if either spouse converts to Islam.

One of the panellists said such a law would instead create more problems, as opposed to solving the conundrum over single parent conversions.

Lawyer Mohamed Haniff Khatri Abdulla ( left ) said he did not agree with the suggestion announced by Negeri Sembilan Menteri Besar Mohamad Hasan, and pointed out loopholes surrounding the matter.

"What if the wife allows the husband to convert but still wants to be married?

"Then, the High Court judge will perhaps decide that a change of religion is not grounds for a marriage to be dissolved, so the couple will not be divorced.

"Then, it is possible for us to have a Shah Rukh Khan and Gauri in our country, 10 years down the road," Haniff said.

Bollywood film star Shah Rukh Khan is Muslim while his wife, Gauri Khan, is Hindu.

'What happens when converts die?'

The forum, titled 'Conversion: Issues and Solutions', was organised by Pertubuhan Ikram Malaysia (Ikram) and Hidayah Centre Foundation.

Haniff, also questioned how a convert's body is to be claimed by the religious state department without a certification card of his or her conversion.

He cited a case where a convert's body was at the Sungai Buloh mortuary for 31 days, even with the certification card, due to disputes over his conversion.

 

"What about cases where the convert does not even have the certification card? Maybe it will take 300 days for the body to be released," he said

 

The Negri Sembilan MB had said that the proposed new provision would be introduced into the Administration of the Religion of Islam (Negri Sembilan) Enactment 2003. 

 

Following this, the new convert would have to make a statutory declaration on his or her change of faith to prevent future legal problems.

 

Haniff, however, said Mohamad was "not qualified" to comment on the issue and believes that Mohamad did not consult the ulama (religious scholars) first before the law was drafted. 

 

"I think he only referred to them after the law was drafted," said Haniff.

Haniff is the lawyer for Muslim convert Izwan Abdullah in his custody battle with former wife S Deepa. 

 

"Why do we let the ulama take the back seat when they are the experts (in religion)?"

 

"If we take the state's suggestion, we will not go forward and instead will go 87 steps backwards," he said.

 

'Muallaf can register own conversion'

Meanwhile, Syariah Lawyers Association president Musa Awang said although the proposed law seemed simple, a particular case could not be resolved in a single day.

 

"And what happens if the convert is charged for khalwat (close proximity)? He cannot be charged because he did not register as a muallaf (new convert)."

 

Musa ( right ) also pointed out how section 112 of the Administration of the Religion of Islam (Negri Sembilan) Enactment 2003 shows that the registrar must register the convert if he or she wants his or her conversion to be registered.

 

"The muallaf has the right to order the registrar to register him or her.

 

"So the suggestion by the Negri Sembilan state itself is against section 112 of the enactment," he said.

 

Meanwhile, Haniff said both the federal and state governments lacked sincerity to solve the problem.

"We must show the beauty of Islam so that Islamic jurisprudence can then be taken into common law.

 

"The religious council is not for the Muslims only and it must educate the non-Muslims as well. If not, even until the end of time we cannot solve the issue," he said.