ACS supports federal stand to clarify certain religious conversion matter involving children

KUCHING: The Association of Churches Sarawak (ACS) is supporting the federal government’s stand to clarify an ambiguity upon a provision of Article 12 (4) of Federal Constitution over the matter of religious conversion of any child to Islam and issue of consent, by substituting the word ‘parent’ with ‘both parents’ in the spirit of the Malaysia Agreement 1963 (MA63).

Accordingly, the amendment is to make the Act on such conversion of any child and the need for his or her parents’ consent clearer.

The law used to be that, in case of any inconsistency, the federal law shall prevail over state law in cases of the unilateral conversion of a child.

ACS, via a press statement issued by its secretary Ambrose Linang yesterday, said: “Under the Report of the InterGovernmental Committee 1962, the guarantee of religious freedom as enshrined in Article 11(4) of the Federal Constitution is to be maintained. Under the MA63, the federal and state government shall give effect to the recommendations and safeguards on the IGC Report for Sabah and Sarawak, including the guarantee of religious freedom.

“Any state law or any part of such law that is inconsistent with the federal constitution is void.”

The Sarawak High Court’s decision in the case of Ronney Rebit, in which a minor who was converted due to both of his parents’ conversion to Islam and was allowed to exercise his constitutional right to choose his religion after he reached the age of 18, is consistent with the guarantee of religious freedom as provided under the IGC report, the Federal Constitution and in the spirit of the MA63.

The Parliament has tabled an amendment to the Law Reform Act requiring consent from both parents for a child to be converted, but in Sarawak the ordinance says ‘ibu atau bapa’ (mother or father).

ACS, therefore, expressed concern about whether the state would adopt the amended law.

“Should the state amend the Ordinance to be in line with federal law and to ensure no unilateral conversion of children? If the amendments to the Law Reform (Marriage and Divorce) Act 1976 which is federal law are passed by Parliament, under Article 75 of the Federal Constitution, it will prevail over state laws including Section 69 of Ordinan Majlis Islam Sarawak 2001.

“To avoid the issue of the constitutionality of the state legislation being brought into question, ACS welcomes the amendments to the Law Reform (Marriage and Divorce) Act by the federal government and would respectfully urge the state government to amend the said Ordinance to make the consent by both parents necessary for the religious conversion of a child.”

The government’s proposal to amend Article 12(4) of the Federal Constitution to substitute the word ‘parents’ for ‘parent’ would clear the ambiguity over the legality of conversion by one parent and save the nonconverting spouse from the suffering and anguish caused by single parental conversion, ACS said.

The Bill was tabled by the federal government two weeks ago to amend this particular law.