The Malaysian Insight

PUTRAJAYA’S decision to remove Clause 88A in the Law Reform (Marriage and Divorce) (Amendment) Bill shows that it does not care about the welfare of the children trapped in interfaith custody conflicts between Muslim and non-Muslim parents, opposition MPs say.

Clause 88A states the religion of the child should remain the same despite the conversion of one of the parents.

Minister in the Prime Minister’s Department Azalina Othman said the decision was made to safeguard the peace and harmony between multicultural and multireligious Malaysians.

Parit Buntar MP Mujahid Yusof Rawa, however, believed that Putrajaya decided to withdraw the clause from the Law Reform Act, simply because it had come under tremendous pressure from Muslim religious departments, shariah courts and scholars.

“Without addressing this act openly and debating in Parliament, Putrajaya is telling the public, especially non-Muslims, ‘I don’t care about the welfare of the children’.

“What I care about, is that when one of them (parent) becomes a Muslim, then a child must become a Muslim,” said Mujahid.

He said Putrajaya is sending the wrong signal by removing the clause as Islam is based on compassion, justice and helping children.

Mujahid said by doing this (removing the clause), Putrajaya is destroying the sanctity of family life.

Batu Kawan MP Kasthuri Patto pointed out the Cabinet decision in 2009 that there should be no unilateral conversion of children and that the children from a marriage where a spouse converted to Islam must continue to be raised in the common religion at the time of the marriage.

“This was a Cabinet decision in 2009. Now in 2017, the amendment in Law Reform will be tabled without the critical amendment,” she said.

Kasthuri said child custody battles such as that of Indira Gandhi’s will continue without the ‘upgrade’ and amendment to the law.

“This is not an issue of Muslims and non-Muslims, but the fact is the law has been abused and the process disrupted by certain people out to turn this into a religious issue,” she said adding that the Attorney-General was also not committed in reforming the law.

Kuantan MP Fuziah Salleh said Islamic family institution stresses on the welfare of the child and the mother as the rightful guardian.

“It is called Hadanah. In Islam, a mother is given the primary right to the physical custody or hadanah of her child,” she said.

She added that Putrajaya’s decision to back out from its stand made last year was just another political move. – August 8, 2017.