The New Straits Times

2008/04/20

NOT everyone thinks it’s a good idea to force an intended convert to inform his family first before being allowed to convert.

The Allied Co-ordinating Committee of Islamic NGOs (ACCIN), which has 16 member organisations, including the Malaysian Muslim Youth Movement (Abim), the Malaysian Chinese Muslim Association (Macma), and the All-Malaysia Indian Converts Welfare and Missionary Association ( A l - H i d aya h ) , believes that forcing a convert to inform his family of the intention to convert, irrespective of whether the situation is appropriate, may deny a person the right to convert.

This is because the convert may fear that by telling his family, he may face isolation and rejection by the family, and family members may even threaten to commit suicide or inflict self-injury.Faced with this, the intended convert may decide not to convert. ACCIN says this would rob the person of his free will.

However, other than this point of contention, for the most part, Muslim and non-Muslim groups accept the government’s proposal, conditional on certain concerns being addressed first.

These are: l Family members should be informed well in advance of the conversion, so that they will have the opportunity to take the necessary legal measures l A transparent process with proof by the convert’s family that they were informed l Prevention of unilateral conversion of a minor by one parent l Addressing the consequences of the conversion on a marriage, children and inheritance.

l There must be a procedure to ensure that those who converted due to marriage or as minors will be allowed to leave the religion without hindrance In addition, the Joint Action Group for Gender Equality (JAG) believes that, where the converting person is the husband, the rights of spouses and children must be guaranteed, by ensuring the f o l l ow i n g : l The right of married non-Muslim women to continue to rely on the rights and obligations contained in a civil law marriage agreement when their spouses convert to Islam.


* The right to have all issues relating to a civil law marriage settled according to civil laws and adjudicated only in civil courts.

* The right to petition for divorce on the basis that conversion to Islam has led to a breakdown of her marriage.

* Upon divorce, the right to receive maintenance, for herself and her children, as provided for in the civil laws.

* The equal right, as a parent, to decide on matters relating to her children's upbringing.

* The continued right to inherit from a family member who converts to Islam.

* The right to be informed of her spouse’s conversion to Islam.


Meanwhile, JAG, which comprises the All Women's Action Society (Awam), E m p owe r , Sisters in Islam, Women's Aid Organisation and the Women's Centre for Change Penang , said the convert’s spouse/ex-spouse, children and other family member’s right under civil laws should remain unchanged.

All issues arising out of the marriage must be settled according to the civil law, and not state Islamic law enactments.

As such, the group says legislation must be adopted to specify that only the civil courts have jurisdiction to hear any matter arising out of such a marriage, including jurisdiction over the converting spouse.