It is good that Prime Minister Najib Abdul Razak has initiated a cabinet committee to consider ways to resolve the conflict, controversy and polarisation that has occurred in the country due to the recent ruling by the Appeals Court in the conversion case concerning M Indira Gandhi who is disputing the conversion of her three children to Islam by their father.

For quite some time now the dispute and differences between the civil law and Syariah especially in conversion cases have caused unease and division in Malaysia’s multi-religious society. It is time the government takes a decisive approach to effect a humanitarian compromise to ease the anxiety and worry of the affected persons.

Conversion cases are bound to increase as more people are exposed to Islam, and may want to convert based on their conviction that Islam appeals to their conscience. As such conversion cases should be resolved amicably or else the message and image of Islam in Malaysia being an uncompromising faith will become entrenched in the minds of non-Muslims.

In the Indira Gandhi case the problem has dragged on for seven years and the helpless lady who is only a kindergarten teacher has been subjected to an endless run-around - a game of judicial musical chairs!

Recently, it was even suggested that she go to the Syariah Court for a resolution of her case. It is odd that when non-Muslims are not allowed to practice in Syariah Courts, a non Muslim has been urged to seek the Syariah Court to find redress in a conversion case.

The Indira Gandhi case has become more complex and complicated as the years go by. The children have all been converted to Islam by the father and are officially Muslims as registered by the National Registration Department. They are not Hindus any more officially despite using their original Hindu names in the media.

It must be noted here that there are almost no precedents in Malaysia where Muslims have been re-converted to Hinduism, Christianity, Buddhism or Sikhism. This case could become academic now as the conversion is for all practical purposes final. The children are all bearing Muslim names and could be referred to as such in school.

This case has brought forth a lot of issues and ambiguities still unresolved in our legal system. Since the marriage between Indira Gandhi and her husband was a registered civil union, the divorce should be resolved only by the civil court and the custody of the minor children given to the mother as is often the prevailing practice. If this had been done the problem could have been ended amicably.

The government has to set up a special court comprising of judges reflecting the diversity of the country to resolve the concession cases as well as the attendant disputes such as division of property, insurance, trusts, alimony, wills, visitation rights to children, polygamy and other issues. This special court should come to a quick decision (three to six months) and should be final.

This case has brought an important issue to the fore. Pending a decision by the Special Court the minor children cannot be converted. Both the Registration Department and religious authorities will have to wait for the final decision of the Special Court before the child/children can be converted as conversion bring many problems since minors converted to Islam cannot be re-converted to other religions in Malaysia.

The best defence for minors

This procedure will set a precedent and will be the best defence for minors in conversion cases as the Registration Department and religious authorities cannot hastily, unreasonably and unilaterally convert the children to Islam and register their Muslim names.

I have often wondered how the Prophet Muhammad would have resolved a case like Indira’s. It is possible that he would have opted for a humanitarian approach to console a tearful mother rather than be bogged down over technicalities.

The government in the spirit of goodwill and harmony needs to establish a special court and the various religious communities should cooperate with a gesture of give and take to bring about a lasting and just solution to the conversion cases.