PETALING JAYA: Bar Council president Datuk Ambiga Sreenivasan welcomed Prime Minister Datuk Seri Abdullah Ahmad Badawi’s statement that he hopes to find a solution to issues such as conversion before he steps down in March.
“It will help people with such problems, it’s a matter of discussing real human issues. People should appreciate what the real issues are when talking (about) the problems faced by families,” she said.
Sreenivasan also agreed with Abdullah on securing the views of the stakeholders. “It’s the right way to do it,” she said, suggesting that he obtain various views.
“(We) agree with the PM that this issue should be discussed with the relevant parties and a solution reached. It is necessary because it’s a humanitarian problem that affects ordinary citizens. We must be able to discuss and resolve them,” she said.
“We think it is necessary to look into amending some of the current legislation, for example, the Law Reform (Marriage and Divorce) Act 1976.”
Sreenivasan also suggested that amendments be made “to resolve the conflict between the jurisdiction of the civil courts and the Syariah Court”.
On Abdullah’s suggestion that a person who proposes to convert inform his non-Muslim wife, she said she agreed that there should be a requirement to provide the information to prevent problems.
“It’s a good idea. It should be a legal requirement for those who are converting,” Sreenivasan said when contacted on Friday.
Asked if six months was too short to resolve the conversion issue, she said she believed the prime minister could reach a solution. “I believe six months is enough.”
The Sun
Call to amend marriage law
KUALA LUMPUR: The Bar Council has urged the government to amend the Law Reform (Marriage and Divorce ) Act 1976 to allow Muslim converts to dissolve their civil marriage in the High Court.
Its family law committee member, Pushpa Ratnam, said the existing provisions in the law did not allow the converting spouse to annul the union made under civil law.
"The law is clear that only the party who did not convert can petition for divorce in the High Court," she said.
Pushpa said this in response to Prime Minister Datuk Seri Abdullah Ahmad Badawi's statement that controversial issues such as conversions needed a solution.
Abdullah said complications in a conversion arose when couples of different faiths dissolved their marriages.
Pushpa said the prime minister acknowledged that there was a problem when a party converted to Islam without informing the other party and their children.
She said the conflict arose because the Law Reform Act generally did not apply to Muslims.
Pushpa said the council wanted amendments to be made to section 51 of the act to allow the converting party to petition for divorce.
"The couple must be given the opportunity to settle their matrimonial disputes in the same court," she said.
Pushpa said one group felt that the civil marriage of a couple had come to an end when a spouse had converted to Islam.
"Our stand is that if the couple's marriage was solemnised under the civil law, then they should go to the High Court to dissolve the union," she said.
NST
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