THE federal government’s decision to pass the Law Reform (Marriage and Divorce) (Amendment) Bill 2017 without Clause 88A, leaves the issue of unilateral conversion without a solution, the Human Rights Commission of Malaysia (Suhakam) said today. 

Its chairman, Razali Ismail, said Clause 88A, which was aimed at ending the unilateral conversion of children, would have resolved interfaith custody conflicts between Muslim and non-Muslim parents.

He said the clause would have established coherent standards for reconciling the best interest of the child with the Constitutional rights of parents in the exercise of the right to freedom of religion.

“Suhakam recognises that some progressive changes are found in the amended act, particularly regarding the dissolution of a civil marriage and the distribution of matrimonial assets to interested parties. 

“However, 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 in a statement, adding that Suhakam believed that the remedy lies in an amendment to Article 12(4) of the Constitution. 

He added that the commission also urged the government to commit firmly to this issue and to recognise the importance of both parents to have equal say in the religion, custody and upbringing of their children.

The Law Reform (Marriage and Divorce) (Amendment) Bill 2017 was passed early yesterday minus Clause 88A, which would have stated how the religion of the child would be determined following the conversion of one parent to Islam.

About 20 MPs debated the clauses and amendments, including clause 88A, which was withdrawn from the bill three days ago.

Clause 88A, which states that the religion of the child should remain in the religion he or she was raised in before one parent converted, was initially among the amendments to the law tabled for the first reading last year. 

Minister in the Prime Minister’s Department Azalina Othman Said, however, on Monday announced that the government would table a new bill without the controversial clause to ensure it would not be in conflict with the provisions under the Constitution.

In winding up the debate yesterday, Azalina said the amendment aimed to provide room for couples who had converted to Islam after getting married and couples where one partner had converted to Islam, to file for divorce in the civil court.

It was also to protect the wife and the children, she said.

Azalina said the amendment did not deny the rights of a person in the shariah courts but instead encourages a person to be more responsible by divorcing the spouse in civil court.

It also gives the spouse the right to apply for ancillary relief, such as maintenance, custody or children, division of matrimonial assets, and more.

The amendment to the bill also confers equal rights to the mother or adopted mother to give consent for marriage to her child below the age of 21. – August 11, 2017.