Putrajaya not amending law to ban unilateral conversion of minors
PARLIAMENT | Putrajaya has no plan to insert Clause 88A, which would in effect ban unilateral conversion of minors if one of the parents converts to Islam, into the Law Reform (Marriage and Divorce) Act.
This, Home Minister Muhyiddin Yassin said, is because the Attorney-General's Chambers concluded it is the judiciary's prerogative to interpret existing laws.
PARLIAMENT | Putrajaya has no plan to insert Clause 88A, which would in effect ban unilateral conversion of minors if one of the parents converts to Islam, into the Law Reform (Marriage and Divorce) Act.
This, Home Minister Muhyiddin Yassin said, is because the Attorney-General's Chambers concluded it is the judiciary's prerogative to interpret existing laws.
"In 2018, the Federal Court and High Court quashed unilateral conversions of five minors.
"Following that, the proposal to include Clause 88A (into the act) was again scrutinised, together with the AGC. The conclusion was that the court, as the judiciary, has the prerogative to interpret legal provisions and the Federal Court's decisions are binding on the lower courts," Muhyiddin added.
He was responding to Azalina Othman Said (BN-Pengerang) who asked about the research conducted by the government with regard to Clause 88A.
In 2017, the previous administration had proposed to include Clause 88A in the Law Reform Act. However, Clause 88A was later taken out following protests.
Clause 88A states that the religion of a child that is a product of the marriage "shall remain the religion of the parties to the marriage prior to the conversion".
Elarborating further, Muhyiddin said the previous government removed Clause 88A from the Law Reform Act as the clause contradicted Article 12(4) of the Federal Constitution, which allows unilateral conversion of the minor.
Article 12(4) states: "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".
In January 2018, Federal Court ruled in favour of M Indira Gandhi in her interfaith custody case against her ex-husband Muhammad Riduan Abdullah.
The apex court ruled that the definition of "parent" should be plural.
Are you sure you want to delete this comment?
This action cannot be undone.