The Perlis Fatwa Committee has decreed in a landmark ruling that in child custody cases, a non-Muslim parent may be granted custody of a child if that parent is more suitable.
Newly-reinstated Perlis Mufti and firebrand Muslim scholar Dr Mohd Asri Zainul Abidin (popularly known as Dr MAZA) said that the committee found it unfair for Syariah courts to award custody of a child to any one parent solely based on the religion of the parents.
The new edict, he said, could revolutionise the way child custody cases are deliberated on in Malaysian Syariah courts.
“The overall welfare of the child includes his or her physical, moral and emotional needs. The parent who is more able to provide these needs should get custody, whether they are Muslim or not,” he told The Star Online‘s Akil Yunus.
Dr MAZA also asserted that the courts should judge on which parent in a custody battle should be granted rights over the child based on their background and lifestyle, and to also consider the personal choice of the child.
“If both parents are equally suitable to care for the child, then the child has the right to choose which parent he or she wants to live with.
“This is provided the child is old enough to decide,” he said.
Under the new fatwa, it would still be required of a Muslim parent to introduce Islamic teachings to his or her child, regardless of whether parent that parent has custody.
However, Dr MAZA stressed that religion should not be forced onto the child.
The fatwa, he added, was issued to address the apprehensions of Muslim parents in multireligious custody battles, who often feel guilty for giving up custody of their children to a non-Muslim ex-spouse.
“We released this fatwa to let them know that it is not a sin to offer custody to a non-Muslim parent, especially if that person is better equipped to care for the child.”
Know about something happening in KL and Malaysia? Want to share? Send us an email:kl@coconuts.co – don’t just read the news, make it!
