PERTUKARAN AGAMA SALAH SEORANG IBU BAPA BUKAN ISLAM DI MALAYSIA SERTA IMPLIKASINYA KEPADA KEBAJIKAN KANAK-KANAK

Abstract

The welfare of children under the age of eighteen is a major consideration for deciding any family dispute in courts. This article discusses relevant literatures regarding the conversion of one non-Muslim parent to Islam and its implication towards the welfare of underage children for example custody and care aspect, religious determination, maintenance and other aspects. This article refers to several provisions of the relevant legislation such as Article 11 (1) of the Federal Constitution which provides for the freedom of religion and Article 12 (4) which states the religion determination for an underage child by parents or guardian. Section 51 (1) of the Law Reform Act (Marriage and Divorce) 1976 is also referred to examine the marital status of parents where one of them changes his or her religion to Islam while the other spouse remain in the original religion. Library research is the main method employed for data collection. Searching through the literatures shown that the writings relating to principle of freedom of religion in the global perspective and issues of conversion of either parents are abundant but the issue relating to welfare of children in Malaysia is not widely available. In addition, issue relating to the will and wishes of the teenage children are rarely addressed In the matter of religious affiliation, the teenage children should be given the option to determine their own religion or the choices for their own guardians, in case of custody disputes. This is because even though they have not attained the age of eighteen years, the children in their teens are capable to make their own judgment. This is consistent with the principles of the welfare of children which has been decided by courts in most family related disputes in Malaysia.