The Malaysian Insight

THE Law Reform (Marriage and Divorce) (Amendment) Bill 2017 was passed minus the all-important clause 88A that would define more clearly the religion of the child following the conversion of one of the parents to Islam.

The debate which started at 8.30pm ended nearly five hours later with 20-odd MPs taking turns to debate the clauses and amendments, including clause 88A which was withdrawn from the bill three days ago.

Deputy Speaker Ronald Kiandee chaired the debate.

Minister in the Prime Minister’s Department Azalina Othman was earlier reproved by PAS Kota Bahru MP Takiyuddin Hassan for the government’s decision to go ahead with the bill without providing a solution to the problem faced by non-Muslims on the issue of unilateral conversion.
 
Azalina had earlier admitted that with or without the amendment, the big problem was unlikely to be resolved.

“It looks like the government is trying to rush things. Why not withdraw the bill, find a solution and then table the bill? You said that with or without the amendment it will not solve the problem,” Takiyuddin said.

Azalina denied that the government was rushing things.

“If the government was hurrying things up, we would not need to table this. Might as well we withdraw the 164 Act until we find the solution. 

“But this is not just an issue of Islam, but also one of the family and child’s rights.  not only on conversion. But this does not mean that the government has failed. We have to respect and adhere to the Attorney General directive that it was unconstitutional

“This is not the end. I admit that we have to go deeper. This is a step towards solving the matter in holistic manner,” she said.

In winding up the debate, 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.

“It means that there is a choice, a person who converts to Islam is bound by Islamic family law, that is his right, but it is a question of the family he has left.

“I am not married but I am angry at those who run away (from their responsibilities), not wanting to pay maintenance, and using Islam (as an excuse) when Islam is a responsible religion,” 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 right to the mother or adopted mother to give consent for marriage to her child below  a the age of 21. – August 10, 2017.