Divorce When Your Spouse Converts to Islam

What is a conversion divorce?

It is a divorce where one spouse in a civil (non-Muslim) marriage has converted to Islam. The marriage was registered under the Law Reform (Marriage and Divorce) Act 1976, so it stays under that Act.

Section 51 gives the spouse who has not converted the right to petition the civil court for divorce.

What does Section 51 say?

If your spouse converts to Islam, you may petition for divorce. You must wait until three months have passed from the date of conversion before filing.

The conversion itself is the basis of the petition. You do not need to prove adultery, behaviour, desertion or separation.

Two usual rules do not apply here. The rule against divorcing within two years of marriage (Section 50) does not apply. And under Section 106, you do not need to go through conciliation first.

Does the civil court still have power over the marriage?

Yes. A marriage registered under the Act stays under the civil court for divorce and related orders, even after one spouse converts. Malaysian courts have confirmed this in several cases.

What about the children?

Custody is often the biggest worry. Under Section 51(2), when the court ends the marriage, it can make orders for the children’s support, care and custody, and attach conditions.

The court applies the welfare principle: the child’s interests come first. It looks at things like the child’s age, the child’s wishes if old enough, who has been the main carer and how stable each home is. Either parent can apply, whatever their religion.

If you fear a child will be taken away or converted without your consent, tell your lawyer at once. The court can make interim orders to protect the child.

For more, see our guide to child custody.

What orders can the court make?

In a Section 51 petition, the civil court can order:

• The end of the marriage.
• Custody and access for the children.
• Child maintenance.
• Maintenance for you.
• Division of matrimonial property.

These are court orders. Your spouse must follow them whatever their new religion.

How do you file?

You file a petition in the High Court once three months have passed since the conversion.

Supporting documents usually include:

• Your marriage certificate.
• Proof of the conversion, such as a certificate from the state Islamic religious authority.
• An affidavit setting out the facts.

A lawyer can check the requirements for your case and prepare the papers.

Looking to engage a divorce lawyer? If your spouse has converted and you are unsure what it means for your marriage or your children, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.