A Study On The Issue Of Unilateral Conversion Of A Minor By Consent Of One Parent In Malaysia
The Perlis State Legislative Assembly’s has recently changed its state Islamic law provision which removed the requirement for both parents’ consent for a child conversion to Islam. Six other states and the Federal Territories also require only one parent’s approval for a child to convert to Isla...
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| Main Authors: | , , , , |
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| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2017
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1655/1/FH03-FUHA-17-08862.pdf http://eprints.unisza.edu.my/1655/ |
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| Summary: | The Perlis State Legislative Assembly’s has recently changed its state Islamic law provision
which removed the requirement for both parents’ consent for a child conversion to Islam. Six
other states and the Federal Territories also require only one parent’s approval for a child to
convert to Islam. If the Law Reform (Marriage and Divorce) Act 1976 (LRA) proposed
amendment which will require both parents’ consent before a child from a civil marriage is
converted to Islam is passed and comes into force, the Perlis amendment as well as other
provisions in the other six states and the Federal Territories requiring only either parent’s
consent will be null and void. The objective of this paper is to examine the provisions of
unilateral conversion of each state and the extent of its conflicts with the proposed federal
law amendment. The study adopts qualitative approach where data are collected through
library research and contents analysis method. The research findings revealed that all state
Islamic laws that currently allow children to be unilaterally converted to Islam may be
declared as null and void because it is in conflict with Law Reform (Marriage and Divorce)
(Amendment) Bill 2016. |
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