SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON ELIMINATION OF DISCRIMINATION AGAINST WOMEN Hindu lady, S Deepa, and her converted Muslim husband is testamentary to the seriousness of the matter, which has arisen as a result of the overlapping and blurred distinction between the jurisdiction of the civil and Syariah courts in the Malaysian legal system. In this latest case, S. Deepa won full custody of her two children ― a nine-year-old daughter and a six-year-old son — at the Seremban High Court on 7 April 2014. However, the converted husband reportedly snatched the boy from the mother two days later, insisting he too had full custody as awarded by the Syariah Court. The police have refused to act on Deepa’s abduction complaint against the child’s father, with Inspector-General of Police Tan Sri Khalid Abu Bakar citing the two conflicting court orders as the reason. 32 (ii) Section 51 of the Law Reform (Marriage and Divorce) Act 1976 provides for the dissolution on ground of conversion to Islam. It enables the spouse who has not converted to petition for divorce in a civil High Court, provided that the petition shall not be presented before the expiration of the period of three months from the date of conversion of the other spouse. The Act further provides that the court upon dissolving the marriage may make provision for the wife or husband, and for the support, care and custody of the children of the marriage, if any, and may attach any conditions to the decree of the dissolution as it thinks fit. However, section 51 does not expressly provide that the spouse who has converted to Islam may petition for a divorce under the civil law; it only provides for a petition by the spouse who has not converted. It is noted that there are incidences where refusal or reluctance of a non-converting spouse to petition for a divorce has made the marital status uncertain. (iii) Concerned over this issue, the Commission strongly calls for a review of the above provision in particular, to provide a clear and comprehensive procedure for conversion in and out of Islam; and to deal with matters consequential upon conversion such as status of marriage, division of matrimonial property, custody of children and maintenance. Similar recommendations were 32 See The Malay Mail, 16 April 2014 available at http://www.themalaymailonline.com/malaysia/article/childconversion-ban-even-without-cabinet-decision-says-bar-chief 17