Rule by law, not faith, MCA leader tell judges
An MCA leader has called on civil court judges to rule by law, disconnected from the faith they profess.
"The cabinet need not take this action (setting up of a committee) if judges administer justice in a fair manner and not let their personal religious beliefs influence their decision," said Heng Sai Kee.
The Wanita MCA chief was commenting on the committee set up following the Court of Appeal judgment in the tussle between K Pathmanathan (Mohd Ridhuan Abdullah) and his ex-wife M Indira Gandhi over the unilateral conversion of their children.
The committee comprising Health Minister Dr S Subramaniam, Culture and Tourism Minister Nazri Abdul Aziz and Minister in the Prime Minister's Department Jamil Khir Baharom is tasked with looking into such matters.
However, Heng said the initiative would remain a committee in name only if no concrete action via amendments to the law is taken.
Wanita MCA, she said, implored the committee to ensure that the faith of the minor remains as status quo should conflict arise between both parents be formalised in law.
"To ensure the faith of the minor remains as status quo, the committee must recommend that laws be enacted via amendment to the Guardianship of Infants Act 1961, Legal Reform Act (Marriage and Divorce) 1976 and Article 12(4) of the Federal Constitution whereby a clause must be inserted into those Acts and the Federal Constitution that religion of minor children shall be determined by parents.
"Should there be any dispute, the religion of the minor remains as status quo until he/she reaches the age of majority, that is, 18 years upon which he/she chooses," she added.
Issue circular to state religious departments
Heng said the cabinet must issue a circular to all state religious departments that they are not to convert any minor without the written consent of both parents.
"The circular must declare that any conversion is null and void and will not be recognised taking into account the newly enacted laws.
"This move will protect the sanctity of Islam and the state religious department from being criticised as acting in a biased manner," she added in a media statement.
Heng said to avoid doubt, it must be mandated in law that both father and mother be present as proof that both consent to their child being officially converted.
"Time and time again, we have seen the government establishing interfaith committees.
"Laudable as the noble intentions were, these committees or task forces have failed to reduce interfaith grievances as whatever recommendations have never prevented the lacuna for muallafs (new converts) from taking advantage of the state religious departments and the syariah courts.
"Civil appeal court judgments so far have slammed the door against non-Muslims seeking recourse and justice when ordering them to submit to the jurisdiction of the syariah court via the Administration Of Islamic Law (Federal Territories) Act 1993 as was the case with Subashini Rajasingham v Saravanan Thangathoray, or by arbitrarily declaring that the syariah court is the authority to determine a minor child's religion as occurred in Indira Gandhi's case," she added.
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