Malaysia's Federal Court has issued an important 2-1 decision in a case involving jurisdiction over a divorce when a spouse has converted to Islam. According to The Star, the majority held that a non-Muslim marriage does not automatically dissolve when one of the parties converts to Islam. The husband could go to the Syariah High Court, but the non-Muslim marriage would continue under civil law until civil courts dissolve it. The court also held that if either spouse converts to Islam, that spouse has the right to convert the children of the marriage. However the majority held that the wife in this case must refile her divorce petition in civil courts because under civil law she needs to wait at least 3 months after her husband's conversion to file.
UPDATE: The full opinion in Rajasingam v. Thangathorya is now available online.
