Bearing in mind the escalation of conversion rows (the latest involving Yi Min in Penang), including 'body-snatching' cases where Islamic authorities have battled with relatives over the remains of the alive and dead when religion is disputed, had encouraged the cabinet to table proposed amendments to the Law Reform (Marriage and Divorce) Act 1976, Administration of Islamic Law (Federal Territories) Act 1993 and Islamic Family Law (Federal Territories) Act 1984.
Initially when the Rulers’ Conference was approached in June 29, 2009, it was decided by them that the matter of conversion and religion must be referred to the state religious authorities before proceeding with it.
The proposed changes would involve procedures on the dissolution of marriage, right to custody of children when conversions happens after marriage, maintenance of children and wife, and division of matrimonial assets.
Now the Rulers’ Conference is reluctant to consent to the proposed amendments although the proposals are only reflective of a person’s rights prior to becoming a Muslim.
It seems that the Ruler’s Conference fails to comprehend that as rulers they also are also duty bound to the second limb of Article 153 of the federal constitution, as the minority’s interest also need to e safeguarded in the current polarised state of affairs between the Muslims and the non Muslims.
In no instance do these proposals diminish the rights of neither a Muslim nor their obligation but rather ensures the minority rights are not neglected in contrary to the federal constitution on unreasonability and installation of fear through religion, as we have seen rampant in Malaysia of late.
As Rulers, they have the natural duty to safeguard and protect the Islamic faith, but not in a retrospective manner prior to those embracing the Islamic faith or how it is forced upon them without their natural consent.
The consensus requested by way of these bills will no doubt weather the storm of the currently strained race relation in Malaysia and enhance the position of the Rulers that they are indeed concerned with the second limb of Article 153.
As for the Umno and Pakatan state governments, it is obvious that they are trying to do the balancing act to ensure their vote counts in their typical political manner whereas the public continues to suffer in silence.
Passing the buck to the Rulers does nothing but undermine the faith of the people as to how ineffective the politicians have become when the public’s interest is at stake, when the constitution is crystal clear on the protection of the minorities to ensure their own freedom of practice.
Doing the right thing would indeed be a clear indication that the Rulers’ Conference is equally concerned about ensuring justice; reasonableness and fair play in their role as the rulers for each and every Malaysian, rather than only serving what is politically expedient.
