Interfaith group wants cabinet to end unilateral conversions now
The issue of unilateral child conversion must be resolved as soon as possible, interfaith group Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) stressed today.
"MCCBCHST hopes that the root cause of the problem, that is the unilateral conversion of minors by a single parent will be resolved," MCCBCHST said in a statement.
The group pointed out that in 2009, a committee was formed to look into legislation to ensure that a single parent cannot unilaterally convert a child without the consent of the other parent.
MCCBCHST lawyers were actually invited to be part of the committee, it said, and they had initially made rapid progress to resolve the issue.
However after about three months, the committee was taken over by the Syariah Compliant Division and chaired by the attorney-general himself, the interfaith group said.
"After a few meetings, there was a stalemate as the issue of unilateral conversion of a minor by a single parent was no longer addressed," it said.
MCCBCHST also lamented that the amendments proposed by the Attorney-General’s Chambers in 2009 and 2013 were "not acceptable" because unilateral conversion by a single parent, without consent of the other parent, could still take place.
This issue came into public consciousness again in the case of M Indira Gandhi, a Hindu mother who was trying to reverse the unilateral conversion of her children to Islam by her former husband.
Without her knowledge, her three children were converted to Islam by her estranged husband, Muhammad Riduan Abdullah @ K Patmanathan in 2009.
Indira ( photo ) retained custody of her two of her children, who were aged 11 and 12 respectively at that time but claimed Riduan had snatched her 11-month old baby from her.
Riduan subsequently obtained custody of their youngest child from the syariah court.
However, the Ipoh High Court granted Indira full custody of all her three children in March 2011.
The same court also ruled in July 2013 that the children's conversion certificates were null and void.
The decision was overturned by the Court of Appeal, which took the stance that the issue of Islamic conversion can only be determined by the syariah court.
However, MCCBCHST said there are several facts that show only the civil court is competent to decide on conversion cases. These are:
1. Both Indira and her husband were Hindus at the time of their marriage.
2. They had gone through a Hindu marriage ceremony and their marrage was registered under civil law.
3. The children of the marriage were brought up as Hindus before their purported unilateral conversion.
4. Their marriage can only be annulled by the civil court.
5. Indira has no locus standi in a syariah court
6. The syariah court has no jurisdiction over Indira as she is Hindu. The syariah court only has jurisdiction when all parties are Muslims.
MCCBCHST also blasted the statement by the president of the Malaysian Syariah Lawyers Association, Musa Awang, that "the best remedy would be to allow non-Muslims to seek justice from the syariah court".
It said: "This suggestion is not only unconstitutional and strikes at the very core of the Federal Constitution, but is also an attempt to impose one's religious laws on others."
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