ISLAMIST opposition party PAS, whose members have slammed the Dewan Rakyat’s passing of amendments to marriage laws that allow a couple to dissolve their marriage in the civil court, want to revisit the changes with the ruling Barisan Nasional before the bill is raised in the Dewan Negara.

PAS information chief Nasruddin Hassan said he would raise several suggestions to re-evaluate the Law Reform (Marriage & Divorce) Act 1976, or Act 164, through Minister in the Prime Minister’s Department Azalina Othman Said “to protect the interest of Islam and its believers.”

A meeting with Azalina will be set up as soon as possible, Nasruddin added. The Dewan Negara or Senate, convenes this Monday.

The lower house passed the amendment to the act this week in an extended sitting. The change allows a couple, where one spouse has converted to Islam, to dissolve their marriage in the civil court, since the marriage was registered as a civil one. Though not mandatory, it gives them the option of doing so, where in the past the Muslim spouse could only go to the shariah court.

This has led to bitter divorce and custody battles, when the shariah and civil courts issued conflicting decisions. It also allowed the converted spouse to unilaterally declare the children as Muslims and to secure custody orders without the consent of the non-Muslim parent. Malaysia’s dual-track legal system recognises both civil and shariah law.

Nasrudin also said PAS wanted the recently established Shariah Courts Empowerment Committee (JKMMS) under the Malaysia Islamic Development Department (Jakim) to get involved in reviewing the amendment to Act 164.

The JKMMS has a cluster responsible for the Harmonisation between Civil Law and Syariah Law.

“This is so that the Islam’s rights as a national religion are attended to and the polemic between religion and race can be harmonised,” Nasruddin said.

PAS will also address the matter through its two senators in the Dewan Negara, the Temerloh MP said.

“I hope that Pas will again use the Senate platform through its senators to put forward the urgency of the government to re-evaluate the Act 164 holistically, and to take the views of PAS and Islamic experts into account before it is final,” he said.

PAS intends to host an Islamic law forum with academicians, Islamic leaders, law experts and other Muslim entities and relevant parties to focus on the impact of amending Act 164.

Following the Dewan Rakyat’s passing of the amendments, PAS central committee member Ridhuan Mohd Nor wrote that it was a “tragedy” for Muslims in Malaysia.

However, other Muslim lawmakers, Muslim groups and academics dispute his view.

“The wild accusation that this amending the Act will pawn Islam and other conspiracy theories are unfounded and are taken out of the context,” said Parti Buntar MP Mujahid Yusof.

Abim secretary-general Muhammad Faisal Abdul Aziz the amendments should be seen as an effort to unify Malaysians.

Amanah lawmaker Hanipa Maidin welcomed the amendment, saying allowing couples to go to the civil court as a good move in the interest of fairness and justice, which are important in Islam.

The amendment falls short, however, of resolving the unilateral conversion of children by a Muslim parent as the proposed Clause 88A was removed. This clause had stated that a child before the age of 18 must retain the same religion he or she was raised in, before one parent converted to Islam. – August 12, 2017.