The issue of custodianship should be determined prior to conversion

1. The Federal Court’s decision pronounced on 9 Feb in relation to the custody of the 2 converted children of S. Deepa has finally made it clear that the Civil Court is the proper forum to decide on dissolution of marriages where one spouse has converted to Islam and the other remains a non-muslim, including custody and access of children under the civil marriage, as well as other reliefs incidental to the divorce sought by the parties.

2. With the apex Court’s decision, the jurisdictional uncertainty between the Civil and Shariah Courts in such situation is finally resolved.

3. I view that as the desired outcome for our multiracial and multireligious nation. Had the Federal Court affirmed the earlier Court of Appeal’s decision by holding that such judicial power only lies with the Shariah Court, the non-muslim spouse concerned would have no way to go to seek for legal redress, as the Shariah Court has no jurisdiction over claims by a non-muslim.

4. Issues in relation to the jurisdictional boundary between the Civil and Shariah Courts should strictly be viewed from legal and constitutional perspective. No one should look at such issues with “religious spectacles”.

5. I have yet to read the full judgement of the Federal Court. However, it seems that the issue on the unilateral conversion of children by a converted spouse still remains unresolved.

6. I urge the Federal Cabinet to revisit it’s proposed solution once announced by the then de facto Law Minister Datuk Seri Nazri Aziz, that is, if one spouse converts to Islam, the children will continue to follow the faith of the parents at the time of their marriage. The issue of custodianship should be determined prior to conversion.

Datuk Teo Chee Kang JP
President
Liberal Democratic Party