Subashini Rajasingam V. Saravanan Thangathoray's Case

Subashini Rajasingam v. Saravanan Thangathoray & Other Appeals [2008] 2 CLJ 1 FC

Summary of the case: (4 marks)
There were three appeals (02-19-2007(W), 02-20-2007(W) and 02-21-2007(W)) before us and with the agreements of the parties, they were heard together.
The parties to the three appeals were originally Hindus husband and wife; they were married pursuant to a civil ceremony of marriage that was registered on 26 July 2001 pursuant to the Law Reform (Marriage and Divorce) Act 1976 (the 1976 Act). There were two children of the marriage, both boys: Dharvin Joshua aged 4 and Sharvin aged 2. The husband converted himself and the elder son to Islam on 18 May 2006. Later, the wife received a notice dated 14 July 2006 from the Registrar of
Subashini made a technical error by filing the divorce petition prematurely as she was uncertain of the actual date of conversion of her husband. Under the Administration of Islamic Law (Federal Territories) Act 1993 (hereinafter referred to as “the 1993 Act”), if a person, out of free will, utters in reasonably intelligible Arabic the two clauses of the Affirmation of Faith and is aware of the meaning, he is converted to Islam and becomes a Muslim (referred to as “Muallaf”) as soon as he finishes uttering the two clauses of the Affirmation of Faith. He can then choose to register or not register the conversion since registration of conversion is merely optional under the 1993 Act. Similar provisions can be found in the Administration of Islamic Law Enactments in various states in Malaysia. Therefore, it is very difficult for the non-converting spouse to find out the actual date of conversion if the parties are already in a deadlock situation. Even if the Muallaf has registered the conversion, it will not be easy for the non-converting spouse to find out the actual date of conversion if the Muallaf refuses to disclose the date or does not disclose the correct date. This will increase the risk of committing technical error as in the case of Subashini. Therefore, there is a need for the legislative (including the state assembly) to review the existing law to ensure that the rights of the non-converting spouse are protected. While a person has the freedom to convert to Islam, his spouse should be notified of his conversion and the date of conversion. In our multi-religious and multi-cultural society where mutual respect and understanding are expected, there should be no need to fear for one’s safety in informing one’s own family members of one’s conversion to another