YOURSAY ‘The term 'Parent Teacher Association' clearly refers to both parents.’
Gov't allows unilateral conversions of minors
Gerard Lourdesamy: Prime Minister’s Department Jamil Khir Baharom’s explanation is utter rubbish.
Article 12 (4) of the Constitution reads: "The religion of a person under the age of eighteen years shall be decided by his parent or guardian".
The word "parent" is a collective noun and the singular also includes the plural and the masculine gender includes the feminine gender.
It must also be read together with the Guardianship of Infants Act that requires the consent of both parents.
This matter ought to be revisited by the Federal Court to resolve the thorny issue of unilateral conversions which has the effect of negating the rights of the non-converting spouse and violates Article 8 of the constitution.
If the minister is correct does that mean that a Muslim father without the consent of the Muslim mother can convert a minor to Christianity if the Muslim father decides to unilaterally convert notwithstanding what is stated in the various state Islamic enactments?
Will the syariah courts recognise the conversion of the minor child?
Proarte: The constitution does not say 'either parent' may convert a minor but says 'parent' in the context of a collective noun, e.g the term 'Parent Teacher Association' clearly refers to both parents.
Surely the views of both parents must pertain when dealing with an issue which has lifelong implications such as converting a child to Islam. If it is unilateral, it is clearly unjust to the non-Muslim parent.
What about the non-Muslim parent's wish that her child should remain in the religion of her marriage? She is a 'parent' as well and should be given equal rights. After all, Article 8 of the constitution guarantees equality before the law.
What then about the BN promise to amend laws so there will be clarity on conversion tussles and that "all children of a converted parent shall be raised in the same faith prior to the parent's conversion"?
Jamil Khir is deliberately misreading and abusing the constitution thereby causing so much unnecessary havoc in this country.
Casey: This is a classic case of 'stupidity breeds contempt'. Article 12 deals with the rights and limitations in respect of religious education.
It primarily deals with and confers upon every religious group the rights to establish and maintain institutions for the education of children in its own religion, albeit not without limitation.
Article 12 (3), for example, provides that "no person shall be required to receive instruction in or to take part in any ceremony or act of worship of a religion other than his own," while Article 12 (4) states that "for the purposes of clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian."
Nowhere in the Article does it confers upon the parents, unilaterally or otherwise, the right to convert a minor.
ACR: Jamil Khir, your statement that Malaysia is not a secular state raised suspicion as to your understanding of the law and this statement today confirms that you are totally devoid of even basic understanding of this nation's laws.
Article 12(4) is to be read together with Article 160 and the 11th Schedule.
Anonymous #85701391: Maybe so, but when the religious authorities allow or consent a recent convert to exploit or misinterpret the faith religious belief, teachings for a personal advantage, is that morally correct according to the teachings of the faith?
Hopefully this minister is qualified to share the faith great teachings with the country.
Donplaypuks: Umno is standing age-old principles on their head. Such conversions are serious infringement of basic human rights. The constitution says "parent" which by its definition section means both parents.
But an ignorant judge decided that the singular parent can apply. This type of poor quality judges also decided that a minor can give consent to statutory rape.
It is quite simple - the constitution does not allow unilateral conversion of minors. Both parents must be consulted and give their consent in writing.
RR: Jamil Khir, we have been drumming into your and others' heads that converting children under 18 is unrighteous and insane even by both the parents. But you are justifying that a single parent can decide on the conversion of the children. This is atrocious.
The federal constitution does not specifically stipulate that a single parent can decide on the conversion of children. Conversion affects the emotional well-being of children and therefore even both parents cannot do the conversion to any religion.
The Interpretation Section means and includes singularity as plurality where applicable. This is the most important aspect to note when deciding on conversion, whether single or both parents or none at all.
The imam or ustaz or ulama should not convert children under 18 as matter of good Islamic principle. They should convert only those who really love Islam... not those seeking material gains, promotion, etc, from the government.
Please do not confuse the rakyat with misinterpretation.
Odysseus: This minister is speaking as if he is the walking constitution. Say what he likes, quote what he deems fit, and ignore what he doesn't like. With leaders like him, the country will be directionless.
Hello, no such thing as unilateral conversion
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