Pemelukan Islam Pasangan Perkahwinan Sivil:  Isu Berbangkit dan Cadangan Penambahbaikan menurut Undang-undang Malaysia: (Conversion to Islam by Civil Marriage Spouses: Emerging Issues and Suggestions for Improvement According to Malaysian Law)

Zuliza Mohd. Kusrin; Nurhidayah Muhammad Hashim

Authors

Zuliza Mohd. Kusrin National University of Malaysia
Nurhidayah Muhammad Hashim Universiti Teknologi Mara (UiTM)

Abstract

One of legal conflicts in family law in Malaysia is conversion to Islam by one spouse from a civil marriage. Such parties encounter several vital issues, including which family law system and which court has the jurisdiction to hear and decide their divorce proceedings and whether they are still subjected to civil family law in determining the application for divorce, maintenance, child custody and inheritance, or whether they are subject to Islamic law upon their conversion and their claims are to be made at the Syariah court. Those family issues that are categorised under personal law have a great impact on the unity of the society and also affects the sanctity of Islamic law in Malaysia. This article aims to discuss some of the issues surrounding the case of conversion to Islam and also suggests some solutions according to the provisions of family law in Malaysia.

Keywords: marriage, conversion to Islam, jurisdiction, shariah court, family law

Author Biographies

Zuliza Mohd. Kusrin, National University of Malaysia

Jabatan Syariah, Fakulti Pengajian Islam
Nurhidayah Muhammad Hashim, Universiti Teknologi Mara (UiTM)

Akademi Pengajian Islam Kontemporari (ACIS)

Conversion to Islam by Civil Marriage Spouses: Emerging Issues and Suggestions for Improvement According to Malaysian Law