The government's parliamentary reply supporting unilateral conversions of minors leaves the non-Muslim parent completely without protection, says MCA.

MCA syariah committee deputy chairperson Koo Chin Nam ( right ) was responding to Minister in the Prime Minister's Department Jamil Khir Baharom's statement that the government allows for either parent to convert a child without the other's consent.

"Jamil’s response does not in any way protect the rights of the non-converting spouses whose minor children were 'abducted' by the mualaf (recently converted) husbands, and who are defiantly thumbing their noses at the civil court’s orders, as best exemplified in the cases of S Deepa in Seremban and M Indira Gandhi in Ipoh.

"On the contrary, Jamil’s announcement will open the floodgates of mualaf rushing to take advantage of religious departments to gain the upper hand in minor child custody in a marriage breakdown," Koo said in a statement today.

He said Jamil was "unwise" to make such a declaration based on a "misinterpretation or a genuine mistranslation" of the constitution.

Koo was referring to how the Federal Constitution's rendering of "both parents" eventually became misread as "either" parent in the Malay translation.

Translation 'error' perpetuated

He said the original versions of the Federal Constitution, printed up to 1970, had rendered "parents" in Article 12(4) as " ibu-bapa ", but it was mysteriously modified to read " ibu atau bapa " in the later editions.

"How was ' ibu-bapa ' (mother-father, or parents) switched to ' ibu atau bapa ' (mother or father)? The authorities must correct this translation error.

"There appears to be an editorial misconstruction by the authorities involved in the translation processed," he said.

Also, Kamus Dewan (1989 edition, pg 439) defines “ ibubapa ” as “ emak dan ayah ” (mother and father), which in the context of conversion means both parents have equal rights to determine their child's religion, said Koo.  

He argued if one parent converts the child to Islam, the other has equal right to revert the child to the original faith, and cautioned that such a "tug-of-war" would also leave the child "confused" and "traumatised".

Koo therefore urged the authorities to rectify this "translation mistake".

He also called for cabinet to "have the political will" to amend  Article 12(4) of the constitution to read that the consent of both parents are required to determine their child's religion.

MCA, Gerakan blasted for complicity

Meanwhile DAP secretary-general Lim Guan Eng in a statement today also slammed Jamil Khir's statement as completely ignoring the rights of the non-Muslim parent.

"Jamil Khir’s announcement violates the 2009 cabinet decision banning unilateral conversion of minors by just one parent as announced by former de facto law minister Nazri Abdul Aziz.

"Unilateral conversions to Islam of minors by the Muslim parent convert are unacceptable because it completely ignores and negates the rights of the other non-Muslim parent over their own children," said Lim.

He also blasted BN coalition partners MCA and Gerakan for standing by a cabinet that fails to stick to its decisions.

"Can MCA and Gerakan now join a BN cabinet that cannot keep its promises and instead supports the notion that Malaysia is an Islamic state and unilateral conversion to Islam of minors by either one parent is sufficient?" he asked.

"1Malaysia is a cruel political gimmick when BN does not respect non-Muslim rights, even their parental rights over their own children," Lim added.

'Justifying seige of non-Muslims'

He also blasted Jamil Khir for saying that Malaysia is an Islamic state, reminding him of the Supreme Court ruling in the 1988 case of Che Omar Che Soh vs Public Prosecutor that the country is secular.

He also flayed the minister calling for the "Christian-bashing" at a Universiti Teknologi Mara (UiTM) forum to be viewed "‘positively because it was to promote ‘intellectual discussion'".

"Malay Muslims, as the largest majority in Malaysia, have never being threatened by the non-Muslim minority.

"BN has not been able to prove its claims of hundreds of thousands or tens of thousands, or even thousands of Malay Muslims becoming apostate ( murtad )," said Lim, calling the allegations "lies".

He said all these were efforts to instil fear in the Malay Muslims against the others, in order to "justify efforts to place the non-Muslims under siege".