The definition of the word ‘parent’ under the Federal Constitution must be clarified once and for all, Gerakan Youth deputy chief Andy Yong said today.

Yong told Malaysiakini that the move must be done in order to resolve issues of unilateral conversions.

“I reiterate that the problem lies with Article 12 (4) of the Federal Constitution, especially the Malay version.

“Therefore there is an urgent need to amend or clarify the said provision once and for all,” he stressed, adding that the matter had been debated in courts.

He said this in response to the amendment to the Perlis Administration of the Religion of Islam Enactment 2006, passed by the state assembly yesterday, to allow the unilateral conversion of a child to Islam.

“Otherwise it will open floodgates, with other states following suit on the Perlis state assembly’s decision,” Yong, who is also a lawyer, said.

The amendment was to the Malay language version of the Perlis state enactment, which previously stated that a child below the age of 18 may convert to Islam with the consent of both "father and mother" or the guardian.

The term "father and mother" was replaced with "father or mother" in the amendment to Section 117(b) of the Enactment.

Article 12 (4) of the Federal Constitution reads that the religion of a minor shall be determined by a "parent".

However, Article 160 states that words in the singular includes the plural and vice-versa, said Yong, who also pointed out that issues on the interpretation of the word "parent" have been raised and debated many times in court.

Alternatively, Yong said the Federal Court’s decision in M Indira Ghandi’s case two weeks ago would also solve the same problem.

'Re-visit 2008 R Subashini case'

While K Pathmanathan @ Mohd Ridhuan Abdullah was absent in the Federal Court proceedings over the unilateral conversion of his children, his former wife Indira Gandhi wants the highest court in the country to re-visit the 2008 case of R Subashini to correctly define the word "parent" to mean both father and mother.

In Indira’s case, her husband had unilaterally converted their three children after he converted to Islam and also taken his daughter away when she was 11 months old, leading to a long protracted legal battle.

On proposed amendments to the Law Reform (Marriage and Divorce) Act mooted to resolve the issue, Yong said it was a good move but there were parties that had raised arguments on its constitutionality.

In Penang, Gerakan’s national legal and human rights bureau chief Baljit Singh (photo) chided the Umno-led Perlis administration for not consulting BN component parties on its amendment to allow one parent to convert a child to Islam.

The amendment to the Administration of the Religion of Islam Enactment 2006, which was passed by the Perlis Legislative Assembly yesterday, drew flak from several quarters.

Baljit said the development was a “sad day” for BN as its members were not aware of the amendment prior to its tabling in the state assembly, nor were their views on the matter sought.

“We usually seek consensus in such issues, but this time there was none. This is really a sad day for the BN,” he lamented.

During the voting on the amendment bill, MCA's sole representative, Titi Tinggi assemblyperson Khaw Hock Kong, walked out of the House while PKR's Indera Kayangan assemblyperson Chan Ming Khai voted against the amendment.

Both parents responsible for children

Baljit also took Perlis Menteri Besar Azlan Man to task for saying that the amendments were meant to “harmonise” the Malay language text in the law with the one in English.

He said in English, the word “parent” not only refers to a singular person but also both parents.

“A husband and wife are a unit and both are parents. If singular, they would mention either father or mother but when the word ‘parents’ mentioned, it would mean both father and mother.

“The parents who brought the child into the world are both responsible for the child,” Baljit said.

In the last Parliament sitting, Putrajaya introduced the Law Reform (Marriage and Divorce) (Amendment) Bill 2016.

Under the proposed amendment, if one parent converts to Islam, the child must remain in the original religion prior to the parent's conversion.

The child may only be converted to Islam if both parents consent to the child's conversion. The Bill is expected to be debated and voted on in the next sitting of Parliament in March.