Unilateral Conversion of a Child's Religion and Parental Rights in Malaysia

Abstract

The issue of unilateral conversion of a child to Islam by one parent who has embraced Islam and the subsequent tussle over the custody of the child between the disputing parents in the civil court and the Syariah Court has of late ignited controversy in Malaysia. This article seeks to examine the extent of the non-Muslim parent’s right to determine the child’s religion, the impact of the unilateral conversion of the child to Islam on the parents’ custodial right in a family dispute and how the existing legal and judicial systems in Malaysia can be strategically used to achieve one’s aim.

Keywords: conversion to Islam, child, unilateral, parent

JEL Classification: K10, K19, K30, K39