I refer to the Malaysiakini report Gov't to act on Islamic conversion rows .
The government's move to ensure that non-Muslims converting to Islam must inform their spouse and family should be welcomed by all. There has been unnecessary tension arising from the current loophole in regulations pertaining to this issue.
However, the rules of information need to be fair to their non-Muslim spouses and family. There needs to be written acknowledgment by non-Muslim spouses and immediate family that they have been informed.
The PM's statement that, ‘They (those intending convert to Islam) will have to fill out a form and declare that they have informed their family of the pending conversion’ will not work. Anyone can claim that they have informed their family without really informing them. We should also avoid a situation similar to the cerai talak (divorce) notification via SMS or other less than reliable means.
It is the recipients of the conversion notification that need to sign an acknowledgment - not the provider of the notification. Furthermore, there needs to be sufficient notice given (longer than three months or the time needed to obtain a civil divorce in the family court if the intending convert is already married) before the actual conversion takes place or becomes official.
The notification should also be made public at the National Registration Department (NRD) just as marriage banns are made public several weeks before the event takes place. Public announcements of the intention to convert should also be published in major newspapers and on the NRD’s official website. This is to overcome cases where the non-Muslim spouse refuses to provide written acknowledgment of the notification.
No religious conversion of children should be allowed without the non-Muslim spouse's approval otherwise Islamic conversions will continue to be abused as a loophole by divorcing fathers who dare not take their chances with the civil court to gain illegitimate custody of children.
It is well-known and with good reason that the civil courts tend to give custody to mothers provided they are fit to look after the children.
Neither can there be any settlement of marital property issues without due process to the non- Muslim partner in the civil courts. Any outstanding issues (custody and property settlement) originating from the civil marriage needs to be dissolved in a civil court where the original marriage contract took place.
This is not to deny the intending Muslim convert their fair rights but to acknowledge that the original civil marriage contract needs to be dissolved under the original civil jurisdiction before the convert switches over to the shariah jurisdiction.
Consistent with natural law, the obligations of the original contract need to be fulfilled before changing to a new contract. Anything short of this will defeat the government's good intention to clear up this messy situation.
