Non-Muslim parents can have custody of their Muslim children, says former Appeals Court judge

The civil court can do justice in child custody disputes between a Muslim and a non-Muslim parent by granting custody to the non-Muslim parent with some conditions, says former Court of Appeal judge, Datuk Mohd Noor Abdullah.

The conditions include not to let the Muslim children eat non-halal food and not to try convert them.

"Both the Muslim and non-Muslim parents can share the custody of their Muslim children," he told a news conference at Wisma Bernama, Tuesday.

"A non-Muslim parent who finds that the ex-husband or ex-wife has converted to Islam and also converted their children to Islam without his/her knowledge should bring up the matter or challenge it in the civil court.

"For example, when a father converted to Islam and converted his children too, the wife cannot appear in the syariah court to ask for justice, so she should take the case to the civil court.

"The civil court should call the Muslim and non-Muslim parents, listen to both and make a decision without interfering with the decision of the syariah court."

Mohd Noor said: "Islam is a universal religion. Therefore, in a multiracial country like Malaysia, Islam must show a good example.

"It is not wrong to give the children to the Muslim father, but at least listen to what the non-Muslim mother has to say."

He also said that the syariah court should be internationalised to enable the court to also listen to the grouses of the non-Muslim parent.

However, such a move would require amendments to the Federal Constitution, he added.