A step in the right direction
There has been a ceaseless stream of cases where families are torn apart in battles over parental custody, upbringing, and religious rights of the children.
THE STAR
Malaysian leaders have always been exceptionally cautious when it comes to the issue of religion.
The tried and tested norm to avoid controversies is to assert repeatedly that religion is a highly sensitive subject in this country and one that must always be discussed behind closed doors.
But continued suppression of much-needed meaningful inter-faith dialogues can only lead to more tension below the surface, especially over the issue of conversions by non-Muslims into Islam, particularly so when it involves parents with young children.
There has been a ceaseless stream of cases where families are torn apart in battles over parental custody, upbringing, and religious rights of the children.
As such, the Cabinet’s decision that children of divorced parents must be raised in the common religion at the time of marriage is a monumental one.
This will effectively end forced conversions of children at the dictates of the converted spouse, especially when the Cabinet has also resolutely decided that the civil courts are the right place to dissolve civil law marriages.
Although some Muslim organisations and leaders have expressed their reservations and called for a re-think, most Malaysians have welcomed the decision.
More importantly, they see it as a reflection of Prime Minister Datuk Seri Najib Tun Razak’s political will in reversing what is perceived as injustices by non-Muslims, the majority of whom threw their support behind the Opposition in last year’s general election.
It is certainly commendable for a leader who has just assumed power to tackle this head on, especially when there are risks that the decision can be exploited by those looking for any opportunity to trip him up.
There is no denying that the landmark decision is also fraught with legal tangles as the Government has to make major changes to the relevant laws.
The Government should seriously consider reinstating Article 121 of the Federal Constitution in its original form to restore the judicial powers vested in the High Courts, Court of Appeal and the Federal Court.
Amendments to this Article have led to much disharmony and mistrust in the nation. A caring government must work towards finding long-term solutions which are in the best interests of Muslims and non-Muslims.
