Selangor, Perak muftis tell critics of child conversion law to back off
(Malay Mail) – The Cabinet’s 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.
Critics have cried foul over Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday which, they allege, seeks to broaden the definition of parental consent for the conversion of minors to Islam to mean either parent instead of both ― a move they deem to be unconstitutional and contravening the Cabinet’s prohibition.
In 2009, then Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz had said the government would ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia’s religious minorities
In terms of custody law (child care), young children fall under the care of the mother. But in cases where there are different religions, the child should follow the religion of Muslim parent,” Tamyes (picture) was quoted as saying by the Sinar Harian news portal today.
“For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father’s,” he said.
Already, lawmakers from both sides of the aisle are banding together in an attempt to thwart the law that they fear may lead to more of the agonising and convoluted custodial battles that are associated with marital breakdowns where only one parent is Muslim.
Yesterday, the DAP’s Lim Kit Siang urged Putrajaya to abort its plan to push through the law as he joined other politicians here in urging for national consensus on the sensitive matter before any attempt for parliamentary approval.
“It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle,” Lim warned in a statement.
The Gelang Patah MP and DAP’s parliamentary opposition leader said the proposed provision would not only raise questions over the integrity of the Constitution, the country’s supreme law, but also the maturity of the leaders here to unite a country of diverse races, religions and cultures.
But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.
“The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position,” he said in the report.
Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.
“Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?” Harussani he was quoted saying by Sinar Harian.
“This is based on Islamic law and cannot be contested.”
Despite the Cabinet’s 2009 ruling, cases since ― such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge ― illustrate the lack of adherence to the ruling.
Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia’s religious minorities over perceived dominance of Islam in the country.
It also highlights the complications of Malaysia’s dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.
The Cabinet’s 2009 ruling against unilateral child conversions to Islam is not applicable to Muslims, said Selangor Mufti Datuk Tamyes Abd Wahid, insisting that children in mixed-creed marriages must embrace Islam when one parent does so.
Critics have cried foul over Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday which, they allege, seeks to broaden the definition of parental consent for the conversion of minors to Islam to mean either parent instead of both ― a move they deem to be unconstitutional and contravening the Cabinet’s prohibition.
In 2009, then Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Aziz had said the government would ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia’s religious minorities
In terms of custody law (child care), young children fall under the care of the mother. But in cases where there are different religions, the child should follow the religion of Muslim parent,” Tamyes (picture) was quoted as saying by the Sinar Harian news portal today.
“For example, if the father embraces Islam but the mother does not, then the religion of their underage children must follow the father’s,” he said.
Already, lawmakers from both sides of the aisle are banding together in an attempt to thwart the law that they fear may lead to more of the agonising and convoluted custodial battles that are associated with marital breakdowns where only one parent is Muslim.
Yesterday, the DAP’s Lim Kit Siang urged Putrajaya to abort its plan to push through the law as he joined other politicians here in urging for national consensus on the sensitive matter before any attempt for parliamentary approval.
“It will be a national disaster if the 13th Parliament starts off with a provision which splits the country down the middle,” Lim warned in a statement.
The Gelang Patah MP and DAP’s parliamentary opposition leader said the proposed provision would not only raise questions over the integrity of the Constitution, the country’s supreme law, but also the maturity of the leaders here to unite a country of diverse races, religions and cultures.
But today, Tamyes insisted that none should dispute the proposed law, saying that doing so was tantamount to challenging Islam itself.
“The issue of religion cannot be disputed. These laws should be maintained to ensure the dignity of Islam in the proper position,” he said in the report.
Separately, Perak Mufti Tan Sri Harussani Zakaria said the Bill was only formalising a standard practice.
“Single-parent consent for the conversion of minors to Islam has always been the practice. Why dispute it now?” Harussani he was quoted saying by Sinar Harian.
“This is based on Islamic law and cannot be contested.”
Despite the Cabinet’s 2009 ruling, cases since ― such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge ― illustrate the lack of adherence to the ruling.
Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia’s religious minorities over perceived dominance of Islam in the country.
It also highlights the complications of Malaysia’s dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.
– See more at: http://www.themalaymailonline.com/malaysia/article/selangor-perak-muftis-tell-critics-of-child-conversion-law-to-back-off#When:02:45:25Z
