YOURSAY 'It looks like a good idea but several issues should be sorted out.'
Negri tells converts to dissolve marriage first
Louis: This is a bold and fair move. Negri Sembilan Menteri Besar Mohamad Hasan should be congratulated for being far sighted.
Odysseus: Indeed, a positive move by the royal family of Negri Sembilan. With this new ruling, we won't see any further children kidnapping, body snatching and property inheritance issues. The country will be more peaceful. Bravo!
Anonymous_1396929433: I think there is great wisdom in this. When you marry under civil law, it is only proper that all issues including custody of children, care and control such as guardianship, maintenance, division of the matrimonial assets are resolved.
This will not 100 percent solve all conversion issues, but I think at least it will solve 80 percent of them.
One big problem I think the MB also needs to address is for those who convert, the
Religious Department should put up a notice of these ‘saudara baru’ and open it to any objection within 30 days.
This will solve the body snatching and secret conversion issues. Thank you Negri Sembilan MB, it is a forward-looking move.
Mike_3dcd: Under the Law Reform (Marriage & Divorce) Act, it says that the non-converting party can file for divorce after three months from the conversion into Islam of the other spouse.
This is a national Act, so to give effect to Negri's landmark change, this Act should also incorporate such a change.
If the couple files for divorce in order for one party to convert, the civil courts may not grant it because there is no such provision in the Act.
Pputeh: It's a good proposal, but make sure the man or woman who converts to the new religion gets a divorce in the civil court where he was earlier married and any maintenance and custody of/for their children be also made by the civil court before adopting the new religion.
I think this should be passed in Parliament and should become federal law so there are no loopholes.
Tok Karut: Good move. Strange though that the main reason for this was to prevent insult to Islam. A divorce under civil law allows claims upon divorce to be settled under civil law as well.
However, if the (converted) father remains guardian, there would be problems of underage child snatching.
Has there been a change to the civil law on guardianship allowing both parents rights to guardianship? Ask women's groups to comment, please.
Anonymous #559621516: Let's suppose a man's marriage is dissolved through the civil courts and the mother gets custody of the very young children. Then the guy converts, he applies for custody through the syariah courts and is granted custody. Then what happens?
Vijay47: It looks like a good idea but with several issues should be sorted out. Like some commenters ask, what happens to the children?
Some could be under the mother's custody, while some under the father's custody, or under joint custody.
Watch Out: This is the best proposal to come from anyone so far. It should be applied throughout Malaysia, not just Negri Sembilan.
Telestai!: A positive and sensible move that will prevent future problems. Kudos to the NS state government for being forward thinking. I think the Muslim community should support this as conversions must be earnest and honest.
The Muslim community should reject converts who do so to entrap his/her spouse. Further, when converts are earnest, they tend to be exemplary Muslims. Children under the custody of the convert may be converted and the spouse will have no reason to complain.
Basically: This is a good start, but if the government is sincere in resolving conversion disputes, why then is the government appealing in the child snatching cases?
The courts have already ruled, but the government in appealing the decisions is showing their bias for one party, when they should rightfully remain impartial to both.
It reflects extremely badly on PM Najib Razak's 1Malaysia to show favour for the father over the mother.
Hang Tuah PJ: The issue here is the children. I am quite sure the non-converting party has no qualms over losing their converting partner. During the divorce proceeding in the civil court, the matter of child guardianship should also be settled.
In addition, the law needs to specifically state that both parents consent is required to convert a child.
Ayfy19: Couples resort to divorce when their marriage is in trouble. Is the notion here that when a spouse decides to convert to Islam and the other does not, it is assumed that the marriage is hopeless? What if the marriage is still good?
If there are children involved, wouldn't the parents want to work at their marriage for the sake of the children? The religious and social implications should be considered as well.
Retnam: It's a great idea, but it needs fine tuning. Will the religious authorities agree? What about Perkasa, Isma and the other defendants of the religion?
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