Hinduism, Sikhism and Taoism (MCCBCHST) is concerned about the comments by
senior federal counsel Mohamad Naser Disa, as reported in theSun newspaper
on 25 Nov 2009. The comments were in relation to proposed amendments to
the Law Reform (Marriage and Divorce) Act (LRA) 1976 for situations where
one spouse in a non-Muslim marriage converts to Islam.
If the comments accurately reflect the proposed amendments, it shows
that the gross injustices being committed against non-Muslim spouses
(mostly wives) by their husbands who convert to Islam, by the syariah
courts and authorities, and by the civil courts will continue.
The comments also show clearly the federal government and the
attorney general's skewed method of approaching these amendments. The
people who are suffering are the non-Muslim family members of the
convert, especially mothers who are unable to see their children or to
expose their children to their own faith. Yet, from the reported
comments of the senior federal counsel, the federal government seems to
mainly be concerned that a person who converts to Islam is being
"cruelly treated" because he or she cannot break his or her previous
marriage contract and get a divorce.
Evading obligations
While a person's right to profess a religion of his or her choice is
inviolate, no one should be permitted to use the fact of conversion to
evade one's obligations to one's family. The state, however, cannot use
this excuse to restrict the fundamental liberty of a person to profess
and practise any religion. Importantly, Islam and Islamic law cannot be
imposed on a non-Muslim, who is guaranteed the right to profess and
practise his or her own faith under our federal constitution.
The MCCBCHST is gravely concerned that the reported proposals will
indirectly result in Islamic law being forced on non-Muslim spouses,
especially wives. One example is the reported proposal to limit
maintenance payments to a former wife, by a Muslim-convert husband, to
only three months.
This may be the position under Islamic law. But, the non-Muslim wife
contracted her marriage under the LRA, which provides that a husband
must pay maintenance to his ex-wife until she remarries or dies.
Why is it that the Muslim convert is allowed to avoid his
obligations under his previous contract of marriage merely because of
his conversion? We are very concerned that rogue husbands will abuse
the system, and convert to Islam as an easy excuse to get out of their
marital obligations.
Children
There must also be a clear statement, both in the relevant syariah
legislation and in other legislation, providing that:
A child under the age of 18 cannot be converted to Islam without the
permission of both parents.
In any event, that child should have the right to choose his or her own
religion upon reaching theage of majority.
This was promised by the cabinet in its decision on 23 April 2009 based on
reports in the newspapers at that time. Sadly, the current proposals do
not reflect that promise.
Syariah interference must stop
The senior federal counsel's briefing was also lacking in any
proposal to prohibit the syariah courts and authorities from making
orders and decisions, and taking any action whatsoever in respect of
children born to parents who were originally non-Muslim.
We strongly object to any attempts to make laws applicable to
persons professing other faiths "syariah-compliant". In our respectful
view, syariah law should only apply to persons professing Islam, and
should not jeapardise or affect in any way the rights, privileges and
liabilities of persons who do not profess Islam.
MCCBCHST proposals
The MCCBCHST has previously submitted comprehensive proposals
for law reforms to the Attorney-General's Chambers. The general
principles underlying those proposals was published in our note of
protest dated June 2007 titled Unity Threatened by Continuing
Infringements of Religious Freedom.
With respect, the MCCBCHST proposals will be fair to both the spouse
converting to Islam and the spouse who does not. We have not made
outlandish proposals, nor have we asked for more than what non-Muslim
spouses should be entitled to under a law that is fair and just. We
therefore urge the federal government, and all state governments, to
immediately implement the MCCBCHST proposals in the respective laws.
As always, the MCCBHST is ready and willing to assist the relevant
authorities in reaching a just solution to this problem.
Rev Dr Thomas Philips
President
MCCBCHST
30 Nov 2009
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