PAS reaffirms stand on unilateral conversion

KUALA LUMPUR: PAS has reaffirmed its stand that a converted parent has the right to convert his or her children without the consent of a non-Muslim parent.
Stressing that this is allowed under the law, party secretary-general Datuk Takiyuddin Hassan (PAS-Kota Baru) refused to state the party's stand on amending the word "parent" to "parents" in the Federal Constitution.
When asked whether it was fair for the non-Muslim party, he said if it was otherwise, it would be "unfair to the converts".
"When a non-Muslim converts to Islam, he is a Muslim. So his personal law at that point of time is Islamic Law," he told a press conference in Parliament today.
Stating that PAS does not agree with the proposed amendments to the Law Reform (Marriage and Divorce) 1976 (LRA), Takiyuddin said there are many "flaws" in the bill, adding that it should be "withdrawn entirely".
He said there should be a more in-depth study on the law and proposed that instead of taking the disputes to court, it should be brought to a tribunal that should be set up specifically to mediate on such cases.
"Everyone is bound by the Federal Constitution, and there have been cases decided by the Federal Court on the interpretation of the word 'parent'.
"We have to see the rights of the converts as well.
"We feel the contents of the (LRA bill) is not in order, not complete and improper. It also contradicts a few federal laws for instance the Islamic Family Law (Federal Territory) Act 1984.
"Specifically Sect 46(2) of the Act, which states about the marriage and divorce of non-Muslims. When a spouse converts to Islam, they cannot dissolve the marriage unless it is decided by the Syariah court. This is a federal law," Takiyuddin said.
However Section 51 in the LRA bill suggests that the dissolution of a civil marriage must be in a civil court.
"Thus one federal law is contradicting another federal law. So if you want to amend then both the laws should be amended," he said.
He added that the bill is unconstitutional because it contradicts with Article 121 of the Federal Constitution, where clause 1(a) states that the jurisdiction relating to marriage and divorce of a Muslim comes under the Syariah Court.
"Now in this bill, it seems to force the Muslim convert to settle his marriage in the civil court," he said.