C H A P T E R
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Meeting with Sarawak Syariah Judiciary Department on watching brief syariah.
acceptance of Syariah Courts judges to the concept of allowing an outsider
such as the Commission to give its opinions in cases heard before the Syariah
Courts.
10. DISSOLUTION OF MARRIAGE - CONVERSION
The Law Reform (Marriage and Divorce) Act 1976 (Act 164) governs the
formation and dissolution of non-Muslim marriages after 1 March 1982. For
Muslim marriages, they are governed by each state’s Islamic law. However,
this segregation does not prevent potential conflicts, especially when there
is conversion of religion.
Each conflict has its own weight of seriousness and effects on the rights of
child, women and family institution. Among the unsolved issues are the issue
of child conversion, inheritance and conflict of jurisdiction between Syariah
and Civil Courts. The Commission welcomed the introduction of section
88A5 and 6 amended sections of Bill 164, which were presented by Minister
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The Section introduces that the religion of any child of the marriage shall remain as the religion
of the parties to the marriage prior to the conversion, except where both parties to the marriage
agree to a conversion of the child to Islam, subject always to the wishes of the child where he
or she has attained the age of eighteen years.
S U H A K A M A N N U A L R EPOR T 2017
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