Cabinet’s conversion decision opposed
By Shanon Shah, The Nut Graph
The coalition of Muslim non-governmental organisations known as Pembela has described the cabinet decision against unilateral conversion of minors as "knee-jerk" and "lacking in sense".
"The decision only temporarily alleviates the anxieties of one party, but creates more anxieties and questions for other parties," Pembela spokesperson Yusri Mohamad said at a press conference today.
Another Pembela spokesperson, Zaid Kamaruddin, said the decision did "not make sense".
Both men also noted that the cabinet decision was made without consulting state muftis or amending the relevant laws.
Pembela was commenting on the cabinet decision that in cases where one parent converts to Islam, he or she did not have the right to unilaterally convert the children.
The cabinet decision was made following the plight of M Indira Gandhi, whose Muslim-convert husband converted their three young children without her consent. Hers is one of several known cases where such conversion of minors has occurred.
Zaid Zaid, who is also president of Pertubuhan Jamaah Islah Malaysia (JIM), said the cabinet's directive contradicted existing syariah laws and Article 12(4) of the Federal Constitution on determining the religion of minors.
Pembela cited the R Subashini v T Saravanan case, in which the Federal Court interpreted Article 12(4) to allow the Muslim-convert husband to decide the children's religion according to syariah law.
Zaid said in the case of Indira Gandhi's children, the cabinet directive violates the right of her estranged husband Mohd Ridzuan Abdullah to have access to the children.
"And what if both non-Muslim parents convert to Islam?" asked Zaid.
"Then, according to the cabinet decision, the child will still need to remain in the common religion at the time of marriage until he or she reaches the age of majority," he said, adding that this was ridiculous.
Yusri said, "What if in future, it is a mother with a breastfeeding child who converts to Islam? If we follow the cabinet ruling, then the mother will be denied her right to raise her child."
He said Pembela was willing to mediate a short-term solution between Indira Gandhi and her husband pending a legal resolution to their dispute.
