Religious Freedom within Federal Constitution FAQ 3

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 13: If a wife converts, can her disabled husband claim spousal maintenance?

Answer: Yes, Under civil law, the court can order a converting wife to pay
maintenance to a husband who is physically or mentally unable to work. This is different from state Islamic law enactments where a Muslim wife never has to pay maintenance to her Muslim husband.

Question 14: What is the difference between guardianship and custody?

Answer: Guardianship is the legal right to make decision with long-term effect in relation to the children, e.g. welfare, education and religion. Custody relates to the daily care regarding the upbringing of the children.

Question 15: When a parent converts, who should get custody of the children?

Answer: The parent who can take better care of the children should get custody.
The best interest of the child is the most important factor.

Conversion should not affect custody decision. In a recent decision, Justice Faiza Tamby Chik gave custody over 2 converted children to the nonconverting mother.

Question 16: When a parent converts, who is the guardian of the children?

Answer: Under civil law, both parents are equal guardians of the children. Conversion of one parent does not change this. Being equal guardians means that both parents must jointly agree on important decisions, including their children’s religion.

Question 17: Can the converting parent convert the children without the permission of   the other parent?

Answer: No. However, recent judgments have made the position unclear. To allow the converting parent alone to choose the children’s religion would mean depriving the other parent of her equal right to guardianship.

Question 18: Is there a way to ensure that children are converted to Islam only when both parents consent?

Answer: Yes, The state Islamic law enactments should respect the equal and joint rights of both parents. They must not allow children to be converted to Islam unless both parents consent.

 

Religious Freedom within Federal Constitution FAQ 2

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 7: Is anyone legally required to inform the convert’s family of the conversion?

Answer: No, However, the convert should be legally required to notifY his spouse (if married) and his immediate family members.

The religious authorities should be legally required to ensure that these family members are notified immediately upon conversion.

Question 8: When one spouse converts to Islam, Goes it affect the rights and responsibilities of the spouses under civil law?

Answer: No. The rights and responsibilities of the spouses continue under civil law, e.g. if the husband converts, he must still continue to support the family financially.

Question 9: Why must the rights and responsibilities of the spouses continue under civil law?

Answer: This is because the spouses agreed upon certain rights and responsibilities when they married under civil law. One spouse cannot be allowed to change the terms of the marriage contract without the other spouse’s agreement.

Question 10: What can a non-converting wife claim in a divorce?

Answer: She can claim: Maintenance for herself and the children; Custody and guardianship of the children; and Division of matrimonial assets.

Question 11: Is it true that because her husband converted, she is entitled to maintenance for only 3 months after the divorce?

Answer: Many converting husbands think so because under state Islamic law enactments where both parties are Muslims, husbands are only required to provide shelter and maintenance to their wives for 3 months after divorce.

However, the civil courts have consistently dismissed this argument because civil law applies as long as one party is non-Muslim.

Question 12: For how long is non-converting wife entitled to spousal maintenance?

Answer: Generally, she is entitled to spousal maintenance until she remarries or dies.

 

Religious Freedom within Federal Constitution FAQ

FAQ on Law Reform (Marriage & Divorce) Act 1976 (as at 20 June 1991)

Question 1:What issues arise when a non-Muslim family member convert to Islam?

Answer: They include:

• the status of his civil law marriage;
• divorce;
• maintenance;
• division of assets;
• custody and guardianship of children; and
• inheritance of assets.

Question 2: Is a civil law marriage automatically dissolved when one spouse converts to Islam?

Answer: No. Conversion to Islam, by itself, cannot dissolve a civil law marriage. Only civil courts can dissolve such marriages, not Syariah courts.

Question 3: Who can petition for divorce under civil law?

Answer: Only the non-converting spouse can apply for divorce under civil law. The law should be amended to allow either the non-converting spouse or the converting spouse to apply for divorce in the civil court.

Question 4: What happens if the non-converting spouse does not apply for divorce?

Answer: The civil marriage continues to exist.

Question 5: When a civil law marriage breaks down because one spouse converts, which law applies?

Answer: The civil law still applies because the marriage was registered under civil law. So issues of divorce, maintenances, custody and guardianship of children and division of assets must also be decided under civil law.

Question 6: Can the non-converting spouse apply for divorce immediately?

Answer: No. The divorce petition cam only be filed 3 months after the date of conversion.

 

Cervical cancer

Cervical cancer is the 2nd leading cause of cancer death in women worldwide and in Malaysia. In 2003, this decease constituted 12.9% of all female cancers in Malaysia. About half of all females diagnosed with cervical cancer between 35 and 55 years old and these women were most likely exposed to cancer-causing Human Papillomavirus (HPV) types during their teens and 20s. A study started from last year shows that 1:5000 women will have cervical cancer due to HPV.

Cervical cancer begins when a women becomes infected with certain types of Human Papillomavirus (HPV). HPV is a common virus affected both females and males. There are more than 100 types of the virus, and about 30 types of HPV known as genital HPV since they affect the genital area. Some types can cause cervical cancer or abnormal cells in the lining of the cervix that could turn into cancer. Other types can cause genital warts and benign (noncancerous) change in the cervix.

In fact, most of the women who get cervical cancer may have never had a Pap test (also known as Pap smear). Pap smear, with 97% accuracy, is part of a gynecological exam and helps detect abnormal cells in the lining of the cervix before they have the chance to become precancers or cervical cancer. It is one of the best ways to help prevent cervical cancer, which recommended to be done yearly, however, virgin and those without sexual intercourse are not courage to do Pap smear.

Methods commonly used to treat abnormal cervical cells include freezing, removing them using an electrical instrument, and conventional surgery. The treatment may have to be repeated if the abnormal cells reappear.  In addition, the three main methods for treating cervical cancer are surgery, radiation therapy and chemotherapy.

The most recent prevention against cervical cancer, as well as genital warts and cervical dysplasia – 3 doses of MSD Quadrivalent HPV Vaccine over a period of 6 months, was recommended during the briefing. The best period of time to have the vaccination is between the ages of 9 to 26, and the best is before sexual intercourse, for female as well as male. The male are also encourage to be vaccinated in order to prevent from genital warts and reduce the risk of transmission during sexual intercourse. The cost of vaccination approximately RM1,200 for 3 doses in Malaysia.

Nevertheless, the vaccination carry 70% prevention, those who had their vaccination are still advice to do the Pap smear yearly, as regular practice for the most accuracy & self preventive action. At last, all women should have self awareness; eliminate the destructive and conservative mindset, not to feel embarrass and keep our own self in a healthy and fruitful life.

 

Women Participation in Politics

In Malaysia, the Women’s manifesto was launched in 1990, prior to general elections, to secure commitments from all political parties to improve the status of women in the key concerns of works, the law, violence against women, development, health, corruption and human rights.

Towards the mid-1990s, several women groups in Malaysia came up with the “11 point Agenda” that is “Women’s Agenda For Change” to the government before the 4th UN World Conference on Women in Beijing on 1995.

In 1997, the Women Affairs Department, under the Ministry of National Unity and Social Development, formulated a follow up Action Plan for Women in Development to translate policy into action. It emphasized on the need :

1. to ensure Women’s equal access to and full participation in power structures and decision making;
2. to increase women’s capacity to participate in decision making and leadership;
3. to enhance the mechanism, ensuring the advancement and development of women at all levels;
4. to encourage the potential economy growth for women;
5. to reaffirm women rights and status under law formation and amendment;
6. to eliminate domestic violence against women

Although the woman development in education and economic were improving but women in politics still at a low representation percentage. 4 questions were discussed and debated :

1. It is a great challenge for women to achieve the target of 30% in Decision Making. ARE YOU READY?
2. Women hold up half of the sky, you are half of the population of the country, have you fully utilized your human resources?
3. Women control more than 50% votes in General Election, did you really exercise our right?
4. As wife and mother to the family, how do you plan to balance your roles in career and family life?

 

Power Of The Subconscious

Most of the time, the change in our mind is not possible because very often, we try to overcome negative beliefs embedded in our Subconscious mind with conscious means!

There are substantial differences between the conscious mind & subconcious mind. The concious mind sets goals & judges results, as well as likes to try new things, in the other hand, subconscious mind monitors operations of the body, e.g., motor functions, heart rate, digestion, etc. Subconcious mind also prefers the familiars.

The conscious mind is about learning new things/skills and setting of life’s goals while the subconscious mind is about changing self beliefs and changing of habits.

The power of the sbconscious that the mind & body function are inseparable because of the powerful feedback that the one has on the other. Indeed, virtually every body component is or can be controlled by the mind, down to and including cellular function and response, and it can be done more powerfully and directly by the subconscious than by conscious effort.

Therefore, to change our perception, we have to change the negative belief in our subconciouness, change our behavior and eventually our destinies. In addition, spend more time to subsconcious mind that will empower our self motivation, impart the subconcious positive value into our mind, that will drive us to our destinies.

 

Active or Healthy Aging

We men are two to three times less likely than women to seek help for their health. This puts men at a disadvantage because they may not know that they have health problems like diabetes, heart disease or prostate problems.

According to my doctor, the attitudes of men in the Asian culture are a stumbling block and men do not seek help as often as women do and spend less time with doctors. Unfortunately, this means that men bear a heavy health burden in the later part of their lives. Studies have shown that 90% of medical care costs are spent on the last 10 years of a man’s life.

Men’s health problems are an increasing concern among healthcare professionals. There is still very little known about the kinds of health problems that are more prevalent among Malaysian men. In comparison, women’s health issues like breast cancer, cervical cancer and menopause have been the focus of healthcare professionals and governments, and as a result, the standards of management of such conditions have generally improved.

We need to be able to bring men’s health standards up to par, with a landmark study looking at Malaysian men’s disease burden and their health concerns. There is a rapidly increasing need for health professionals to address the medical concerns of men in an integrated, comprehensive and preventative manner. They need to reverse the prevalent trend towards men suffering suboptimal quality of life and dying early and often unnecessarily from largely preventable causes.