Friday, April 24, 2009

Civil Court to Handle Conversions

I welcome the decision made by the Cabinet that civil courts will be involved in disputes regarding marriage in the event where one of spouse convert to Islam.

I have said it in my MCA Party Election manifesto that MCA’s stand is that the law must be reformed 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 enacted to specify that only the civil courts have jurisdiction to hear any matter regarding the divorce.

The Cabinet also made another important milestone decision recently that in the event of one spouse converting to Islam, the children will follow the religion of the parents during the time of their marriage. The children can then decide on their own religion at the age of 18. Before this recent Cabinet decision, the children are invariably converted to Islam if one of the spouse embraces Islam.

Often in the past, when one of the spouse convert to Islam, the other spouse’s children will be in a dilemma as most of the time, they will be dragged into converting into Islam without their consent and knowledge. Therefore, the decision by the Cabinet should be welcomed by all Malaysians. I am sure it will also prevent more court cases and issues involving one of the spouse seeking legal redress about their children’s religious status.

While it is any person’s right to profess the religion of his/her choice, it is not right to use religion as a tool to escape from responsibilities. Here, I would like to quote what Minister in the Prime Minister’s Department Datuk Seri Syed Nazri has said, “Religion should not be used as a tool to escape responsibilities and conversion is not grounds for automatic dissolution of a marriage”.

Hence, it is hoped that with the decision of the Cabinet, there will be less dispute regarding the children’s religion when one of the spouses convert to Islam and divorce should follow the civil law. It is indeed a laudable act by the government.

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文告

马华署理总会长拿督斯里蔡细历医生欢迎内阁针对改教课题的最新指令,但他认为修改法令赋予这项决定法定地位,才能一劳永逸解决有关争议。

 

他说,议决配偶婚后皈依回教不能为孩子改教的决定很正确,但政府应该将它纳入现有的法令,规定欲改教人士遵从,以保障改教人士家庭成员的其他民事权益。 

 

他指出,马华坚持政府必须适度修正现有的法律,以确保人皈依回教后,其配偶(或前配偶)、子女及其他家庭成享有的原有权益及民事法律保障的持不

 

“所有因改信宗教引起的议都依据民事法律來处理而非回教法,因其婚姻是在民事法律下注的。此外,法律也要明确指定只有民事法庭才有些事。”

 

他今日在文告中表达他对内阁新决定的看法。蔡细历去年角逐马华署理总会长职时,也曾在他的竞选宣言中这么声明。

 

此外,他指出,由于各州回教理事会执行回教法的程度各异,中央政府必须与州回教理事会沟通和协调,以确保增修后的相关法令,没有互相抵触。

 

他认为,内阁的决定标志我国对改信回教所衍生的争议和矛盾处理手法中一个重要的里程碑。

 

“内阁议决将由民事法庭来聆审涉及改信回教的婚姻案件,这是一项值得称道的决定。因为在此之前,当其中一配偶皈依回教,他们的孩子即进退维谷,而且通常在不知情或未得其同意下被带往皈依回教。因此,内阁的新决定应该受到全国人民欢迎。”

 

“如今,根据内阁新决定,就算父母改教子女将遵照父母结婚时的宗教信仰直到年满18岁后,再自行决定宗教信仰。”

他深信,这项决定能防止发生更多配偶改教所衍生的诉讼案和争论,尤其是涉及孩子们的宗教和身份危机问题。

10 comments:

呉 和豪 said...

Saudara Dr.Chua Soi Lek

他这一句话时有道理的,因为孩子不能父母的错误而受累
Here, I would like to quote what Minister in the Prime Minister’s Department Datuk Seri Syed Nazri has said, “Religion should not be used as a tool to escape responsibilities and conversion is not grounds for automatic dissolution of a marriage”.

Darick said...

if it's not due to 308 political tsunami this will not happen 'civil court to handle conversions'
Utusan is 'korek' with their headline 'BANGKITLAH MELAYU' !!!
refer to all d by-elections recently..... they've weaken up & due to their united strength, regime umno/bn was in deep trouble !!!

LBP said...

Dear Dr. Chua:

I fully support YOUR view on the urgent need of the reform of the law and I remember you put that in your MCA Party Election manifesto as well..THANK YOU

I am really very sad and disappointed that a high calibre and outspoken person like you has been sidelined and suppressed by your party leadership under Ong....How many MCA fella can be as discerning as you, and as brave as you to speak up when there are issues like this being surfaced?

Instead, those less capable fella(but good at "apple polishing" I suppose) have been made minister /deputy minister (including the lady who assume deputy minister post through "back door")...sigh sigh...

Haris Angel said...

Dear All,

this is an extract of a report by an independent journalist which shows that the Election Commission is just PRO BN! If you support this report, please cut and paste on every group in all BLOGS and place in this world. Thank you.

"The same views have been echoed by no less than the Election Commission (EC). Plus, the EC has openly supported proposals by some BN leaders such as Datuk Seri Nazri Aziz, Datuk Mukhriz Mahathir and Tan Keng Liang to prevent "unnecessary" elections. These include suggestions for stricter laws, and penalties for elected reps or their parties should an elected representative resign for reasons other than what's stated in Article 48(1) of the Federal Constitution."

http://www.thenutgraph.com.my/funding-democracy-the-bn-way

Gemini said...

OTK promised to give full account on PKFZ scandal, which he had failed to deliver.
OTK would never gain the respect of people unless he started doing so.

As time passes, people have firmed up their mind not to believe OTK anymore. Even he has since become the president of MCA, so what?!

l藍海 said...

")
怎样?
游戏好玩吗?
想要把炸弹丢进人家阵营:D现在给我用“反弹系统”把导弹送回你们家门了:p 刺激吧?
现在只是刚开始;)现在热着身,正场戏就要来咯、、、、准备好了吗?

Kedah Kids said...

dear Dr.
undang undang sudah ada lama dah. bila aman damai tidaklah dipakai guna, bagus juga dapat banyak kes dapat diselesaikan.

berjaga jaga juga apa yang akan digunakan PAS selepas ini. adakah PAS juga akan menggunakan pendekatan yang sama???

donplaypuks® said...

I say well done to the Govt! For once, they have done the right thing, and speedily as well.

ON another matter headlined as 'Kit Siang Flays Ong over PKFZ'
see below:

"Port Klang Free Zone scandal – from RM2.3 billion under Ling Liong Sik, RM4.6 billion under Chan Kong Choy and now to RM8 billion under Ong Tee Keat?
April 25th, 2009"

Are you going to allow your "boss' to get away with the greatest cover up in MCA's history now being attempted by Ong Tee Kiat?

If you don't act as honourably as the Cabinet did on the conversion issue, rest assured that come GE 2012, MCA (and you) will be HISTORY!!
http://donplaypuks.blogspot.com

Catherine said...

KUALA LUMPUR, April 26 – Deputy Minister of Federal Territories Datuk M. Saravanan today “caught” two doctors at the Kuala Lumpur Hospital (HKL) emergency department, reading newspapers and doing their own stuff instead of attending to more than 20 patients in pain waiting for treatment.

芯蒂 said...

Ever since Liow became the Health Minister, the service at the Hospital Kuala Lumpur has gone from bad to worse. My due respect to our previous Health minister, Dr.Chua Soi Lek who made numerous surprise visits which I witnessed twice.
Regretfully, all we had were the bad, rude reception and at the mercy of these HKL staff especially at the general clinic area.
Hence, the rakyat want to see an immediate improvement in our hospitals, or Liow should resign for his negligence and lackadaisical attitude.
We also wish to say that there are many civil servants who think that they are holding very secured rice bowls for their life time. They just don't have the passion for their work.

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