‘Decision opens door for discussion of Clause 88A’


Minister in the Prime Ministers Department Datuk Seri Azalina Othman Said speking to media after officiates the legal aid conference in Bangi.MOHD SAHAR MISNI/The Star

PETALING JAYA: The Federal Court’s landmark decision on unilateral conversion of children could open the door for discussion of Clause 88A, which was removed from the Law Reform (Marriage and Divorce) (Amendment) Bill 2017 (LRA).

Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said (pic) said the Cabinet will be briefed on the apex court’s decision soon.

The Government had withdrawn an earlier version of the LRA Bill to remove the proposed new Clause 88A in August, following criticism from several groups.

The Bill was eventually passed with several amendments which, among others, allow either spouse in cases where one party has converted to Islam, to have the marriage dissolved in civil courts.

Clause 88A stated that the religion of the child “shall remain as the religion of the parties to the marriage prior to the conversion” and that the child can, after turning 18 and with the consent of both parents, convert to Islam.

Azalina, who is in charge of law, said in a statement: “In line with the development following the judgment, that has overtaken previous decisions (on unilateral conversion), I will bring the matter to the Cabinet’s attention.”

She urged all parties to respect the decision.

“I believe the decision had taken into account the harmony of our multicultural society and that parents have equal rights as stated under the Guardianship of Infants Act 1961.”

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