Following a long series of discussions, the issue of unilateral conversion of minors by either parent will finally be resolved under a fair and just legal system, and hopefully the Parliament will be able to expedite the process of arranging the second and third readings of the amendment Bill at the end of this parliamentary session.
I welcome the tabling of the Law Reform (Marriage and Divorce) (Amendment) Act 1976 by the federal government in Parliament yesterday. This amendment Bill will not only fulfil the legal spirit of treating couples of different religions equally, but also demonstrates the openness and fairness of the government in handling sensitive religious issues.
Besides, it will also provide an effective solution to the disputes arising from the conversion of either spouse to Islam and prevent any immoral attempts to use religion as a tool for people to shirk their responsibilities towards their spouses.
What is commendable is that the amended Article 95 states that children of divorced parents can pursue further or higher education or training beyond the age of 18, which in turn resolve the long-standing obstacles faced by the single parent’s children in continuing their education due to financial constraints.
The addition of the new Article 51A in the amendment Act will also protect the rights to property inheritance of the children and parents of a divorced and converted spouse in the case of death.
Under the Section 51(1) Act, either party may petition for a divorce through Article 164. While the civil court has the power to dissolve marriage, the amendment Bill clarifies it will be handled by a civil court and not Shariah court, preventing conflicts of jurisdiction between the courts so that the divorce proceedings could be expedited. The effects of divorce on the children’s psychological development could also be reduced.
The amendment would allow a divorce proceeding involving a converted spouse in a marriage solemnised by the civil court to be handled by a civil court, permitting a correct sequence in which the problem is dealt with. Problems like child custody, religious belief and matrimony assets will also be resolved subsequently following the debate and passing of the Law Reform (Marriage and Divorce) (Amendment) Act 1976 in the Parliament.
Section 12(1) of the Act is amended by inserting after the words ‘her father’, the words ‘or mother’ or adoptive mother give the same rights to mother and father in consenting to marrying their children below 21 years old, which truly reflects the equal status enjoyed by both parents.
The newly-added Section 88A clearly states that the child will remain in the religion practised by the parents at the time the marriage was registered, and may choose his or her own religion on reaching the age of 18. Where the parties to the marriage professed different religions prior to the conversion of one spouse to Islam, a child of the marriage shall be at liberty to remain in the religion of either one of the prior religions of the parties before the conversion to Islam.
I would like to urge the ruling and opposition parties to practice fairness in treating everyone equally as preached by all religions, considering the psychological trauma experienced by the young generation due to the lengthy and legal proceedings. I would also like to urge all Members of Parliament regardless of your party to support this amendment bill unanimously.
SENATOR CHEW MEI FUN is an MCA vice-president, a member of the MCA social development committee and Women, Family & Community Development Deputy Minister.
