KUALA LUMPUR, Feb 9 — Malaysia’s Human Rights Commission (Suhakam) suggested today that all states emulate Negri Sembilan in its plan to make divorce compulsory prior to a spouse’s unilateral conversion to Islam, saying it would help solve many interfaith disputes.
In a statement here, Suhakam chairman Tan Sri Hasmy Agam said the Negri Sembilan proposal is a progressive step by the state government as it exemplifies the principle of equality between spouses in a marriage.
Such a right to equality, he said, as well as in matters involving the dissolution of marriage, is in line with provisions in the Universal Declaration of Human Rights.
“The Commission further emphasises the importance of respecting the equal and joint rights of both parents where a child is involved,” Hasmy added.
He said where the custody of children is concerned, such a matter should first be resolved in an amicable matter, taking into consideration the rights of the child caught in the marital dispute.
“The Commission applauds the Negri Sembilan state government for its leadership in strengthening, protecting and safeguarding its laws concerning conversion to Islam and strongly encourages other States to emulate these proactive and forward looking steps,” Hasmy added.
Last Tuesday, Negri Sembilan Mentri Besar Datuk Mohamad Hasan said his administration intends to amend state laws governing Islam to make it compulsory for non-Muslims seeking to convert to Islam to first settle their family matters, including divorcing their spouses who refuse to follow the conversion.
He was quoted by English daily New Straits Times as saying that it becomes the responsibility of the prospective convert to divorce the spouse, claiming that Islam forbids a Muslim from living with a non-Muslim spouse.
The proposal has since received support from legal experts and opposition lawmakers, though some lawyers warned that forcing a divorce could lead to conflict with Article 11 of the Federal Constitution that safeguards freedom of religion.
Yesterday, however, Selangor Mentri Besar Azmin Ali said the state has no plans as yet to emulate Negri Sembilan.
Last year saw two child custody tussles involving non-Muslims, including one in Negri Sembilan, which were brought to the Shariah courts instead after the fathers embraced Islam and unilaterally converted the children without the mothers’ knowledge.
Malaysia practices a dual track legal system, with the Shariah court set up specifically to deal with the matters concerning Muslims such as marriage and inheritance.
