KUALA LUMPUR: A Muslim convert whose civil marriage is not dissolved will have the same right as his or her non-Muslim spouse to file for divorce in a civil court, if the Law Reform (Marriage and Divorce) (Amendment) Bill 2016 is passed. Currently, only the non-Muslim spouse has a right to file for divorce in a civil court, and a Muslim convert cannot apply for divorce under the Islamic Family Law Act or Enactment because the Syariah Court has no jurisdiction to hear cases involving non-Muslims. This means the Muslim spouse is unable to file for divorce in a civil court, and is not entitled to ancillary relief such as maintenance and custody of children. On Monday, the Government withdrew an earlier version of the Bill to remove the proposed new Section 88A, which had addressed unilateral conversion of children. A proposed new Section 51A enables the next-of-kin of a Muslim convert to be entitled to matrimonial assets, should the converted person die before the civil marriage is dissolved.

Source: The Star August 08, 2017 02:26 UTC