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Resolving civil-syariah marriage law overlaps strengthens unity, says MCA

KUALA LUMPUR: MCA has described the move to ensure divorce matters from civil mar­riages end in civil courts, even if one of the spouses converts to Islam, as “justice finally seen”.

Party president Datuk Seri Liow Tiong Lai said the legal reforms were necessary to end inter-faith child custody conflicts.

“The legal reforms will end any form of uncertainty. I think enough is enough. The people want to see civil marriage disputes resolved in civil courts,” he said in a statement yesterday.

“This will promote harmony and unity of all races and religions.”

Liow, who is also Transport Minister, said it was pertinent that the interests of women and children be protected.

He also thanked the Prime Minister for his fairness.

On Thursday, Najib said divorce matters that involved civil marriages must be settled in a civil court even if one of the spouses converts to Islam, under legal reforms to be tabled in Parl­i­­a­­­­­­­m­ent in October.

In announcing changes to the Law Reform (Marriage and Divorce) Act 1976 (LRA) to mark the national Women’s Day celebration on Thursday, he said: “Any vacuum or overlap in existing laws can be resolved once changes are made to the Act.”

Gerakan president Datuk Seri Mah Siew Keong described the breakthrough decision by Najib as courageous and fair.

“It reflects the Government’s efforts to address religious conversion issues,” he said.

Mah said Gerakan had been calling on the Government to amend relevant laws and provide for a permanent solution to controversies that arose from legislative loopholes and duplications, which resulted in clashes between civil and syariah courts on conversion cases.

“We are grateful that our ad­vo­cacy over the years has been heeded by the Government to bring a much-needed solution to the longstanding issue,” he said.

Mah said conversion must not be used as an avenue to escape one’s obligations, as the welfare and interest of the children involved must be given utmost priority.

He added that they should not be made victims of marital disputes.

Calling it a “win-win formula”, MIC Youth leader Sivarraajh Chandran said civil courts should have precedence over syariah courts in divorce and child custody cases because such marriages were solemnise under civil laws – specifically the LRA.

“Hopefully, this puts an end to custody battles for underage children and divorce, as well as marriage disputes,” he said in a statement yesterday.-thestar

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