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10 February 2016

The Federal Court on Wednesday Morning ruled that civil courts have the right to decide on custody of children converted to Islam.

Deepa case: Civil courts should decide custody of converted children

 
PUTRAJAYA: The Federal Court on Wednesday ruled that civil courts have the right to decide on custody of children converted to Islam. 
It also ruled that the civil courts were the proper forum to decide on the dissolution of marriages where one spouse has converted to Islam while another remained. 
The apex court also ruled that Izwan Abdullah be given custody of his eight-year-old son while S. Deepa was granted custody of their ten-year-old daughter. 
In a unanimous decision, Court of Appeal president Justice Md Raus Sharif said today the children - Nur Nabila and Nabil - appeared settled at where they were currently. 
"Today we have interviewed both children. The boy stated that he wanted to be with the father while the girl with the mother," he said. 
Justice Md Raus said Nabil was schooling in Kuala Pilah, Negri Sembilan, while Nur Nabila was schooling in an international school in Johor Baru, Johor. 
He also said that the Syariah Court has the jurisdiction to decide on the dissolution of marriage and custody of children when the marriage was according to the Syariah Law.

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