Joint Press Statement
by Joint Action Group for Gender Equality (JAG)

Safeguard Rights Of Wives And Children Upon Conversion Of Husbands To Islam

11 April 2008

JAG welcomes the announcement today by the Prime Minister that people of other faiths wishing to convert to Islam should inform their family before doing so.

It is critical that the person intending to convert to show proof of informing his or her family members of hid intention , e.g. by providing a signature or having sent letter by way of A.R. Registered post.

The conversion itself is not subject to approval from family member/s but we view informing the family and settling legal matters as responsibilities that need to be fulfilled by the converting party.

While JAG fully supports each individual’s absolute right to profess the religion of her/his choice, we are equally concerned where the exercise of that right impinges upon the rights of that individual’s family and where such an impingement has a retrogressive effect, leaving family members with fewer rights and thus worse off than before.

JAG reiterates its concerns and proposals outlined in the JAG Memorandum “Safeguard Rights Of Wives And Children Upon Conversion Of Husbands To Islam” sent to the Prime Minister in February 2007.

The women’s groups in Malaysia have long been receiving requests for assistance from non-Muslim women whose spouses have converted, or are planning to convert, to Islam. These women have grave concerns about the impact such a conversion will have on their rights and expectations, which are based on the civil law marriage they entered into, and what options they have once the conversion has occurred. Their fears centre on issues of divorce, division of assets, maintenance, distribution and inheritance. Custody and guardianship of children, and the ability to have an equal say in determining their religion and upbringing, are also matters of great concern.

JAG is especially concerned about the following specific rights:

1. The right of married non-Muslim women to continue to rely on the rights and obligations contained in a civil law marriage agreement when their spouses convert to Islam;

2. The right to have all issues relating to a civil law marriage settled according to civil laws and adjudicated only in civil courts;

3. The right to petition for divorce on the basis that conversion to Islam has led to a breakdown of her marriage;

4. Upon divorce, the right to receive maintenance, for herself and her children, as provided for in the civil laws;

5. The equal right, as a parent, to decide on matters relating to her children’s upbringing;

6. The continued right to inherit from a family member who converts to Islam; and

7. The right to be informed of her spouse’s conversion to Islam.

For example, the law must be reformed, where necessary, to ensure that when an individual embraces Islam, the convert’s spouse (or ex-spouse), children and other family members’ rights and entitlements under civil laws remain unchanged. Regardless of such conversion, all issues arising out of the marriage must be settled according to civil law, and not state Islamic law enactments, since the marriage was solemnized or registered under civil law. Furthermore, legislation must be adopted to specify that only the civil courts have jurisdiction to hear any matter arising out of such a marriage, including jurisdiction over the converting spouse.

We urge that special provisions be made to take account of non-converting family members and to protect their rights under the civil laws

On behalf of JAG

Ivy Josiah

Executive Director, WAO

For Joint Action Group for Gender Equality (JAG):

All Women's Action Society (AWAM) Empower ( Pusat Janadaya) Sisters in Islam (SIS) Women's Aid Organisation (WAO) Women's Centre for Change Penang (WCC)

Related Articles:

• Press Statement : Protect the Rights of Wives and Children Upon Conversion of Husbands to Islam
• Memorandum: Protect the Rights of Wives and Children Upon Conversion of Husbands to Islam

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