Muslim convert spouses can file for divorce in civil court under proposed Bill

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.

Minister in the Prime Minister's Department Datuk Seri Azalina Othman Said is expected to table an amended version of the Bill for first reading in Parliament on Tuesday, to address issues arising out of the conversion to Islam by a spouse.

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.

In this situation, the spouse ends up going to the Syariah Court, which exercises its own power to make an order relating to divorce and other ancillary relief, thereby causing conflict for both spouses.

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.

In the newly-amended Bill, Clause 3 confers equal rights to mothers and adopted mothers to give consent for marriage of a person below 21 years old, similar to that already given to fathers.

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.

Clause 6 of the Bill also allows the court to decide on payment of expenses for the family, contributions made by the person who did not acquire any material benefits during the marriage but contributed to the relationship.