There is a difference between what was passed and what was gazetted in Section 95 of the Administration of Islamic Law (Federal Territories) Act 1993 on the conversion of people under 18 to Islam, said an inter-faith council today.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said in a statement that the various state enactments on this matter were passed "stealthily", without some members of the state legislative assemblies knowing that the law would affect the rights of non-Muslims.

The council said it was aware that Section 95 of the Administration of Islamic Law (Federal Territories) Act 1993, when introduced as a Bill in Parliament by the prime minister states that:

Whoever who is not a Muslim, but wants to be a Muslim can do so if he/she is of sound mind and

(a) Attained the age of 18; or

(b) If he/she has not attained the age of 17, the parent (plural meaning) or guardian allows it.

However, when this law was gazetted, there was a minor but far-reaching variation in its Bahasa Malaysia version for Section 95(b), to permit unilateral conversion by either one of the parents.

"This completely alters the meaning of "parent" in Article 12(4) of the federal constitution.

"A thorough inquiry is required in this wrongful gazetting. It is coming to light at this pertinent moment, maybe because of divine intervention," the MCCBCHST statement said.

Section 107 (b) of the proposed amendment bill has created a ruckus as it provides for unilateral conversion of children below the age of 18 to Islam by any one parent who embrace the religion.

'Parent' should be read as plural

MCCBCHST said this in response to the statement by the Muslim Syariah Lawyers Association that non-Muslims should not oppose the Bill as there are other provisions, as in Section 95 of the 1993 Act, providing for the conversion of children under 18 years.

MCCBCHST reiterated that according to the constitutional scheme of things, Section 12(4) of the federal constitution should be read together with Article 160 (Eleventh Schedule), which would mean both the father and mother must consent to any change of their child's religion.

"The proposed Section 107(b) under the amendment bill and similar provisions in the state enactments are, therefore, unconstitutional and must be withdrawn. More so as Section 95, as intended and passed by Parliament in 1993, carried the words "lbu Bapa" but when gazetted, the words were changed to "Ibu atau Bapa", thus completely altering the meaning," it said.

On the passing of the various state enactments, MCCBCHST said it had submitted a protest note to the cabinet, dated Oct 20, 2005, pointing out that these state enactments had infringed the rights of non-Muslims.

It said the occurrence of unilateral conversion had seen cases like that of S Shamala, R Subashini, Indira Gandhi and now S Deepa.

Deputy Prime Minister Muhyiddin Yassin announced this afternoon the withdrawal of the Administration of Islamic Law (Federal Territories) Amendment Bill 2013 pending further study.

Wanita MCA wants MPs to vote against bill

Also today, Wanita MCA called on all MPs to vote against the amendment bill to avoid misunderstandings on the definition of ‘parent' in the federal constitution, as per Article 12 (4), between the Malay translation and the English text.

mca wanita agm 201012 yu chok tow 02 "It is thus necessary to correct this technical error when the Bill is tabled for the second reading in the Dewan Rakyat," its chairperson Yu Chok Tow ( right ) said in a press statement today.

"We must respect a child's freedom of religion when he or she turns 18, and allow the child to decide for himself/herself.

"If a mother or father is allowed to make a unilateral decision to convert the child to Islam, it will be close to impossible for the child to revert to the original faith if he or she wants to," Yu said.

She urged the cabinet to withdraw the bill to allow more time for public consultation with the relevant stakeholders so as to avoid unnecessary disputes.

"Thus, I urge the cabinet to allocate more time for public consultation with the relevant stakeholders in order to avoid a parliamentary debate on this problem as it will potentially create unnecessary disputes," Yu added.

In the face of fierce and relentless criticism, DPM Muhyiddin Yassin in a statement later today announced that cabinet has finally decided to withdraw the Bill .