The Malaysian Consultative Council for Buddhism, Christianity, Hinduism and Sikhism (MCCBCHS) today called for amendments in the federal constitution to allow the High Court to decide on cases of religious conversion.

The call was made during an emergency meeting today by the MCCBCHS in Kuala Lumpur where the large gathering of non-Muslim religious leaders discussed the High Court's refusal to review a Syariah Court decision which declared deceased Everest climber M Moorthy a Muslim and should be buried according to Muslim rites.

Wife S Kaliamman, who filled the application, argued that Moorthy's family being non-Muslim could not be represented during the Syariah Court proceedings.

The High Court decision ended a week of tussling between Moorthy's family who had insisted he died a practicing Hindu and the Federal Territory Islamic Affairs Council, which maintain that he had converted to Islam.

Last Thursday, the Shariah Court, on an application by the religious council, ruled that Moorthy was a Muslim.

The bone of contention of the MCCBCHS is Article 121 (1A) of the federal constitution which states all matters pertaining to Islam should be handled by the Syariah Court.

The exact article was cited at the court proceedings today by judge Mohd Raus Sharif as his reason for rejecting the Kaliamman's application.

The group views that the Syariah Court cannot assume jurisdiction over persons who do not profess Islam and wants Article 121 (1A) to be amended accordingly.

A proposal has already been sent to the National Unity Advisory Panel and the relevant authorities.

No recourse

"We call on the government to urgently cure this grave defect in our legal system by making the necessary amendments to the federal constitution and all other legislation so that jurisdiction to determine the validity of conversions into and out of Islam are vested in the High Court where all Malaysians can be parties and have equal rights as witnesses," said the MCCBCHS in a statement read out at a press conference after the meeting.

They argue that at present non-Muslims as in Kaliamman's case have no legal recourse to claim the husband's body.

MCCBCHS vice-president Harcharan Singh said that while the federal constitution stands as the supreme law of Malaysia, Article 8 which guarantees religious freedom has been overridden by the Syariah Court.

"(Following the court decision) there seems to be no legal remedy non-Muslims (in such instances)... This is the biggest seed of disunity (in a multi-religious society) that can be sowed at this time," adds MCCBCHS president Dr K Sri Dhammananda.