15 February 2007
Safeguard Rights Of Wives and Children Upon Conversion Of Husbands To Islam
The Joint Action Group on Gender Equality (JAG) welcomes the Court of Appeal decision, reported in yesterday’s press (The Sun and New Straits Times, 14 February), requiring a Muslim convert to resume payment of maintenance to his ex-wife who chose to remain a Hindu. According to the report, the convert, L. Ganesan, had stopped the payments when Letchimidevi refused to convert to Islam. The appellate court’s decision upholds the High Court’s decision.
JAG is heartened by the decision as it upholds and protects the rights of non-converting family members. We, along with other civil society groups, have been receiving requests for assistance from non-Muslim women whose spouses have converted, or are planning to convert, to Islam. These women have grave concerns about the impact such a conversion will have on their rights and expectations, which are based on the civil law marriage they entered into, and what options they have once the conversion has occurred. Their fears centre on issues of divorce, division of assets, maintenance, distribution and inheritance. Custody and guardianship of children, and the ability to have an equal say in determining their religion and upbringing, are also matters of great concern.
These apprehensions are well-founded as the law governing such situations is either unclear, inadequate, or has been interpreted inaccurately or unjustly, leaving women uncertain that their rights will be protected. The plights of women including S. Shamala and R. Subashini, whose court cases have been reported in the press, reinforce these fears.
In response to these concerns and uncertainties, JAG has prepared a memorandum (entitled “Safeguard Rights Of Wives and Children Upon Conversion Of Husbands To Islam”) that calls for a review of the laws relating to conversions of non-Muslim spouses to Islam. In the memorandum, we urge that laws be reformed, where necessary, to ensure that the rights that non-converting family members (especially spouses and children) have under civil laws are preserved.
While we uphold each individual’s freedom of faith and belief, we believe that conversion to Islam cannot be used as a basis for the converting party to evade the obligations and responsibilities which were already incurred under civil law prior to the conversion. Regardless of such conversion, all issues arising out of the marriage must be settled according to civil law, and not state Islamic law enactments, since the marriage was solemnised or registered under civil law. Furthermore, legislation must be adopted to specify that only the civil courts have jurisdiction to hear any matter arising out of such a marriage, including jurisdiction over the converting spouse.
We urge that all Malaysians’ legitimate expectations be safeguarded and our existing rights preserved. It is unfair and retrogressive when a woman loses the rights she had upon marriage as a result of her spouse’s change of faith.
We have sent our memorandum to the Attorney-General’s Chambers, and will also be circulating it to Cabinet members, various Members of Parliament, SUHAKAM and other civil society groups. It is our hope that due consideration will be given to the concerns and recommendations outlined in it.
Chin Oy Sim
Programme Officer, Women’s Aid Organisation (WAO)
for and on behalf of the Joint Action Group on Gender Equality (JAG),
comprising: