One parent's consent already 'settled law', says group
The Muslim Lawyers Association (PPMM) has accused the Bar Council of misleading the public on the pending amendments to Section 107 of the Administration of Islamic Law (Federal Territories) Act 2013.
The Muslim Lawyers Association (PPMM) has accused the Bar Council of misleading the public on the pending amendments to Section 107 of the Administration of Islamic Law (Federal Territories) Act 2013.
It says that it is already ‘settled law’ that the consent of one parent is sufficient to convert a child’s religion until and unless legal amendments are made, contrary to Bar Council president Christopher Leong’s argument that unilateral conversions for minors are
unconstitutional
.
“It is regretted that the Bar Council is trying to mislead the public that Section 107(b) contradicts the federal constitution because (past case laws) are merely ‘per incuriam’,” PPMM president Zainul Rijal Abu Bakar ( left ) said in a statement today.
Zainul Rijal cited the Federal Court cases of R Subashini and Nedunchelian as instances where the court interpreted “parent” in the singular and that this matter had already been resolved.
He further explained that the court cannot bow down to the 2009 cabinet directive .
“In fact, the cabinet cannot act beyond its powers. The statement made by then minister in the Prime Minister's Department Nazri Abdul Aziz violates the spirit of the independence of the judiciary and this had been manipulated by various quarters to deteriorate the situation on the position of the law.”
The PPMM president said Section 107 was not something new as there were similar provisions in the Administration of Islamic Law (Federal Territories) Act, and these could also be verified with senior lawyer and former Bar Council chairperson Sulaiman Abdullah (
right
).
The court decision can only be changed or amended, Zainul Rijal emphasised, by way of a judicial review of the decision, through a decision by a superior court (in another case) or through an amendment of the law.
“Hence, the present situation remains and the various parties should respect the existing law,” he said.
'It is automatic conversion in Selangor'
According to Zainul Rijal, the Administration of Islamic Ordinance (Selangor) 1952 states that if a child is under 18, his/her conversion to Islam is automatic if one of his/her parents embraces Islam.
The present bill before Parliament, he said, has the provision that approval from either the mother or father be obtained, but the detractors want to tighten it to include both parents.
Zainul Rijal said a bill (on Islam), before being tabled in the cabinet or Parliament, is approved by the Yang di Pertuan Agong after he is advised by the Federal Territories Islamic Council (MAIWP).
“Hence, it is not wise for the cabinet to ask the council to withdraw the bill as MAIWP is the authority on Islam in the Federal Territories.”
'The position is clear'
Zainul Rijal posited that the Syarak law was clear in that if the mother or father embraces Islam, the child is also a Muslim.
Contrasting with the views taken by Opposition Leader Anwar Ibrahim, he said the custody of the child and conversion are two different matters.
Anwar said yesterday that consent from the mother was needed if an underaged child was to be converted to Islam.
Zainul Rijal said the courts have already decided that custody of a Muslim child can be given to a non-Muslim mother, as in the case of S Shamala.
“However, the mother given custody of the child took the children away overseas and until today the Muslim father does not have the right to see his children,” he said.
On these grounds, Zainul Rijal urged the government not to bow down to pressures and withdraw the bill.
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