LRA amendments intended to resolve civil vs Syariah court jurisdiction grey areas

Remarks by Azril Mohd Amin, the CEO of Centhra (Centre for Human Rights Research and Advocacy), that the proposed changes to the Law Reform (Marriage & Divorce) Act 1976 infringe on the liberties of Muslims is regrettable.

We urge Centra to be reasonable and comprehend the proposed changes from the perspective of justice and ethics for the non-converting spouse, whose Muallaf spouse had completely kept his/her betrothal partner and in-laws in the dark and secretly converted their minor children to Islam, whereby in Malaysia, it is close to impossible to legally revert the minor children back to their original religion. He should not lament against the proposed changes from the angle of religion.

The proposed amendments to the LRA will thus clarify and address the existing grey areas whereby the Muallaf spouse, in order to gain an upper hand in their marital dispute or to spite his/her married partner, had converted the children without discussion, much less consent of the non-converting spouse, besides seeking a formal divorce and custody from the Syariah court in total snub against the civil obligations as contracted under the LRA when the couple registered their marriage in the Registrar of Marriages. In this aspect, the Muallaf spouse who is taking advantage of the state religious department and the Syariah court is sheer exploitation of the religious authorities under the guise of religion.   

The intention of the revisions to the LRA is to complete issues involving family law and resolve many related issues, once and for all.

There thus will have a systematic way for the authorities ie the civil courts and the police to perform their duties and execute and enforce the decisions by the civil courts.

Moreover, there will now be legal recourse for the “victims” (of whom many of the reported cases are mothers) of this civil vs Syariah court jurisdiction lacuna.

Hence, Wanita MCA urges all quarters to extend support for the LRA Bill, and we urge the government to table the said Bill soonest possible.

Datuk Heng Seai Kie
Wanita MCA Chairman
Adviser of Prime Minister Department (National Unity & Integration) 
Deputy President of  the National Council of Women Organisation (NCWO)

-MCA online-