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6 th International Conference on Islamic Jurisprudence 2017 (ICIJ2017)<br />

“Towards Maqasid-Base Good Governance in Policies and Management from Wasatiyyah Perspective”<br />

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8- CIVIL SOCIETY AND NGOS<br />

LEGAL LITERACY AMONG MUSLIM CONVERTS: ACHIEVING<br />

COHESIVE SOCIETY AND FULFILLING THE MAQASID<br />

Dr. Faridah Jalil<br />

Law Faculty<br />

Universiti Kebangsaan Malaysia<br />

faridah@ukm.edu.my<br />

Dr. Nurhafilah Musa<br />

Law Faculty<br />

Universiti Kebangsaan Malaysia<br />

hafilah@ukm.edu.my<br />

Dr. Mohd Al-Adib Samuri<br />

Faculty of Islamic Studies<br />

Universiti Kebangsaan Malaysia<br />

al_adib@ukm.edu.my<br />

Many non-Muslims who convert to Islam did not realize that religious conversion has<br />

implications on their private affairs, especially in marriage and the obligations arising<br />

from the marriage. The most highlighted issues are the deadlock on the competent<br />

forum to have marriage contracted prior to conversion dissolved, the offspring’s<br />

religious status and the guardianship and custodial rights upon the offspring.<br />

Therefore, it is important that the muallafs are exposed to the implication of their<br />

conversion; obligations as well as legal rights arising from the act of conversion to<br />

Islam. One of the means to educate the muallaf is by the creation of a legal literacy<br />

module for them. The aim of the module is to provide a suitable guide on the proper<br />

procedure to convert, to instill awareness on matters that need to be addressed and<br />

resolved before conversion. The module will explain the nature of freedom of religion<br />

and the importance to respect the choice made by an individual in exercising his right.<br />

This helps to boost respect and tolerance among Malaysia’s multi-racial and multi<br />

religious society and enhance national stability in term of ethnic relations. The positive<br />

implication of the legal literacy module is that, Muslim converts will choose the proper<br />

channel to address issues arising from conversion. This paper begins with an overview<br />

of the current legal problems faced by muallafs. The paper argues that creating a legal<br />

literacy module is one of the methods to overcome the problems faced by muallaf and<br />

to narrow the social divide between the Muslims and non-Muslims in Malaysia in the<br />

exercise of their right to choose their faith. The formulation of the module hopefully<br />

will fulfill Maqasid Shari`ah, namely, to protect religion, life and dignity of human.<br />

The paper ends with a proposal for the content that could be included in the module.<br />

Keywords: legal literacy, muallaf, Muslim converts<br />

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