Can a Spouse Converted to Muslim File for Divorce in the Civil Court in Malaysia

Can a Spouse Converted to Muslim File for Divorce in the Civil Court in Malaysia

Initially, both husband and wife are married under the civil law being non-Muslims in Malaysia. As time goes by, one spouse changes his or her religion and convert to be a Muslim. What does the conversion mean to their marriage and their rights to divorce in Malaysia? Can a spouse converted to Muslim file for divorce in the civil court in Malaysia?

Before we proceed further, it is important to note that in Malaysia, there are 2 family law systems. First is for Muslims governed under the Syariah law. Second is for non-Muslims governed under the civil law. For non-Muslims family law, it is primarily governed under the Law Reform (Marriage & Divorce) Act 1976.

Conversion to Islam: Ground for Divorce in the Civil Court in Malaysia

Before the latest amendment known as the Law Reform (Marriage and Divorce) (Amendment) Act 2017 in Malaysia, only the non-converting spouse can file for a divorce under the said law.  This means that if the husband converts into a Muslim, only the wife can file for a divorce in Malaysia.

This has been going on for decades and has caused much inconvenience to the converted spouses since they cannot file for a petition for divorce to dissolve their civil marriage under the law. Further, they cannot file for a divorce under the Syariah law as well since the Syariah court has no power to dissolve civil marriage in Malaysia.

Subsequently, after the coming of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 in Malaysia which comes into effect on 15 December 2018, things have changed since then. In this recent amendment, a spouse converted to Muslim can file for divorce in the civil court in Malaysia now. In short, where one party has converted to Muslim, either one of them or jointly can file for a divorce petition under the civil law in Malaysia.

Essentially, it is also important to note that in the event if the converted spouse dies before the civil marriage is dissolved by the civil court under the civil law, the matrimonial assets shall be distributed by the civil court to the interested parties including surviving spouse, children of the marriage and the parents of the deceased converted spouse.

In short, the amendment of the civil law has allowed both the converted and non-converted spouse to file for a divorce in the civil court in Malaysia on ground of conversion to Islam. In such circumstances, the civil court shall have the power to make order for custody, maintenance and division of matrimonial property accordingly under the civil law in Malaysia in the course of the divorce process even if either one of them is converted to Muslim.

If you are seeking to get a divorce, whether if you have converted to Muslim or if your spouse has converted to Muslim, you may reach out to our divorce lawyer for consultation to make an informed decision.

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