The Malaysian Insight

PUTRAJAYA has missed the opportunity to protect children in interfaith custody battles following the passing of the Law Reform (Marriage and Divorce) (Amendment) Bill 2017, without the clause to end unilateral conversion of children, lawyers said today. 

Family law practitioner Honey Tan said it was sad that the trauma of unilateral conversions would continue to be inflicted on children and their families. 

“I’m sure the misuse of religion to obtain custody of children will continue. The sad thing is that this will lead to the continued misperception that it is the religion which is at fault. It is not. 

“This is what happens when people in responsible positions do not exercise their power to bring about justice and harmony,” Tan told The Malaysian Insight. 

The Law Reform (Marriage and Divorce) (Amendment) Bill 2017 was passed early today without Clause 88A, which was aimed at ending the unilateral conversion of children. 

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 inserted in the amendments to the bill 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 federal constitution.

Among high-profile custody battles in Malaysia in recent years are those of Hindu mothers, M. Indira Gandhi and S. Deepa, who fought lengthy court battles to gain custody and reverse unilateral conversations of their children by their Muslim convert former husbands. 

Deepa’s lawyer Joanne Leong also believed that people would continue to abuse religion in the issue of unilateral conversion as there is now no solution to this problem following the withdrawal of Clause 88A.

“The very reason Clause 88A was proposed was because they saw the problems with parents misusing religion to obtain custody of the children.

“It is very disappointing that the government is not moving ahead with changes which are fundamental for our country to be viewed as a modern developed country,” she said.

Azalina in winding up the debate at the Dewan Rakyat earlier today said with or without the amendment, the problem was unlikely to be resolved. 

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

Leong, however, begged to differ, saying Clause 88A would safeguard parties under civil law.

Civil group Sisters in Islam (SIS), meanwhile, said the current law has failed to serve justice or provide substantive legal recourse for the non-converting spouse, subsequently causing them more pain.

“With the long-drawn court processes, more often than not, prolong the uncertainty and deny justice to be immediately upheld for the families concerned. 

“We feel the government has fallen short in its duty to protect the interest of a child caught in such a custody battle,” SIS said. – August 10, 2017.