KUALA LUMPUR: The withdrawal of clause 88A, within the Law Reform (Marriage and Divorce) (Amendment) Bill 2016, related to unilateral conversions of minors by an adult, has been met with criticism by the Human Rights Commission of Malaysia.
Suhakam chairman Tan Sri Razali Ismail expressed its regret and disappointment over the axing of the provision, claiming that it was an effective solution to a longstanding problem.
"It is our view that the amendment would have resolved interfaith custody conflicts between Muslim and non-Muslim parents; and establish coherent standards for reconciling the principle of the best interest of the child with the Constitutional rights of parents in the exercise of the right to freedom of religion,” he said in a press statement.
While acknowledging that some progressive changes were found in the amended Act covering matters such as the dissolution of civil marriages and the distribution of matrimonial asses Razali stressed this main issue remain unsolved.
"The core issue of prohibiting unilateral conversion that has affected so many lives and the future of many children which earlier the government had wanted to remedy remains without a solution despite indications from the Government to deal with the matter,” he said.
He further called on the government to commit firmly to this issue and to recognise the importance of both parents in having equal parental rights and authority in relation to the religion, custody and upbringing of their children, considering the principle of the best interest of the child.
Razali stressed that the remedy to the issue could be found in the amendment to Article
12(4) of the Federal Constitution.
Currently, the article provides that the religion of a person under the age of 18 should be decided by the parent or a guardian.
The bill was passed at 12.45am on Thursday after more than four hours of debate.
Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said had said the passing of the bill was the first step towards resolving cases of dissolution of marriage where one party had converted to Islam.
The amendments include the passing of Section 51, which mandates that the divorcing couple must have their marriage dissolved in a civil court.
Clause 88A clause states that the religion of a child which is a product of the marriage “shall remain as the religion of the parties to the marriage prior to the conversion”.
The clause also provides that the child can, after turning 18 and with the consent of both parents, convert to Islam.
Azalina had however, explained that Clause 88A would not solve the issue, and more in-depth discussions were needed in order to find a more comprehensive solution.
END
Keywords: Law Reform (Marriage and Divorce) (Amendment) Bill 2016, Suhakam, conversion of minors, Azalina Othman