Wanita MIC: Changes in divorce laws will reduce polemics

Its chief, Mohana Muniandy, says cases involving Hindu women and their Muslim-convert husbands have strained relations in multi-religious Malaysia.

PETALING JAYA: Wanita MIC has welcomed the prime minister’s announcement that civil courts would have precedence in mediating interfaith divorce and custody cases, with hopes it will end religious and political polemic.

Speaking to FMT, the wing’s chief, Mohana Muniandy, said interfaith custody battles in recent times involving Hindu women and their Muslim-convert husbands had to a certain degree strained relations among Malaysia’s multi-ethnic and religious society.

The M Indira Ghandi and S Deepa cases, she pointed out, had elicited many unwarranted comments and religious, racial and political chest-thumping from various quarters and for a while, made it “very uncomfortable”.

Mohana also agreed with Najib that the reforms could end the clash between the civil and shariah courts.

“There was always this argument about which court had greater say and this only prolonged an already painful process. Now, with these clear guidelines, couples in such situations can hopefully move forward.”

Earlier, Prime Minister Najib Razak announced that the Cabinet had agreed to proposed amendments to the Law Reform (Marriage and Divorce) Act 1976 (Act 164) to be speeded up.

Launching the National Women’s Day 2016 celebrations here today, he said the proposed amendments were scheduled to be tabled by the home ministry at the next Dewan Rakyat sitting.

He said Act 164 would be amended based on three core principles, Bernama reported.

The first, he said, was that any issues relating to divorce for civil marriages must be settled in the civil courts first.

“This is to ensure that things like custodial rights and child maintenance until higher education are protected and assured.”

He said the second principle was universal justice, whereby the amendments to the act will give both parties the chance to resolve civil marriage issues in the civil court.

“It will enable them to get on with their lives, such as getting re-married, in the case of non-Muslim couples.”

As for the third principle, Najib said conflicts between the civil and shariah courts, resulting from one party’s conversion to Islam, could be resolved, and legal loopholes and overlapping in existing laws could be overcome.