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Gerakan: Law change to solve conversion issue problematic
Published:  Sep 15, 2016 1:18 PM
Updated: 5:45 AM

Amendments to the Law Reform (Marriage and Divorce) Act 1976 (LRA) meant to resolve issues of unilateral conversion of minors will not meet its objective, says Gerakan Youth deputy chief Andy Yong.

“After a careful study of the bill, we conclude that it needs to be fine-tuned, not to mention there are some technical errors.

"We have had lengthy discussions on the bill among party colleagues and felt that despite being exhaustive, the bill fails to address the pressing concern that minor children should not be unilaterally converted.

"We will engage with the Home Ministry to express our views and recommendations,” Yong, who is a practicing lawyer, said in a statement today.

The proposed amendments to the LRA, he said, will not address Section 46(2) of the Islamic Family Law Act, which allows the syariah court jurisdiction to decide on divorce from civil marriages, and the Administration of Islamic Law Act, which enables single parents to convert a child unilaterally.

Similarly, Yong said, Article 12(4) in the Bahasa Malaysia version of the Federal Constitution, which states "ibu atau bapa" should be amended to reflect the English version of the Federal Constitition, which refers to both parents.

Otherwise, the Bill will be rendered invalid, he said.

However, Yong said, he remained hopeful of a permanent solution to the issue.

Prime Minister Najib Abdul Razak last month announced that the LRA Act (Amendment) Bill, to be tabled in Parliament next month, would see interfaith disputes involving civil marriages to be resolved in the civil court.

Najib said this will see the end of the unilateral conversion issue involving children of couples where one person has converted to Islam.

However, inter-faith group MCCBCHST has called for other amendments to be part of the bill, including compelling those who convert to Islam to inform his or her spouse within seven days of conversion.

MCCBCHST also proposed substituting Section 51 of the LRA to read as: “Where one party to a marriage has converted to Islam, either party or both parties may petition for divorce.”

MCCBCHST also noted that it was not consulted on the proposed amendment bill.

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