Conversion: Only one parent's consent required, court told
PUTRAJAYA: Only a single parent's consent is required to convert a minor child to Islam, the Federal Court heard yesterday.
Senior federal counsel Dr Arik Sanusi Yeop Johari submitted that Article 12(4) of the Federal Constitution allows the religion of a person under the age of 18 years to be decided by his parent or guardian.
He said the word "parent" in Article 12 (4) is used in a singular form and it refers to either the father or mother of the child.
Arik Sanusi also adopted the Federal Court ruling in 2007 in the custody case of R. Subashini vs T. Saravanan in which the Federal Court held that a single parent could convert their children to Islam.
The SFC is representing the Education Ministry and the government of Malaysia in kindergarten teacher M. Indira Gandhi's appeal over her three children's unilateral conversion to Islam by their Muslim-convert father Muhammad Riduan Abdullah.
Other respondents in the appeal are the Perak Islamic Religious Department director, Perak government and Registrar of converts.
Arik said the children's conversion to Islam by their father was valid and in accordance with Article 12(4) of the Federal Constitution.
He said the Federal Court in Subashini's case had rightly interpreted the constitution to give one parent the right to convert their minor children.
He also submitted that the Syariah Courts were not lower in status than the civil courts but of equal standing under the Federal Constitution.
Meanwhile, SFC Shamsul Bolhassan submitted that the issues in Indira Gandhi's case was about conversion and that the matter should be decided by the Syariah Court as Article 121(1A) of the Federal Constitution states that the Civil Courts did not have jurisdiction over matters within the Syariah Court's jurisdiction.
He said the Registrar of Converts had followed the provisions in the Administration of the Religion of Islam (Perak) Enactment 2004 to register the conversion.
Shamsul said children's conversion certificates were conclusive proof that their conversion was done according to the procedures.
The Court of Appeal decision on Dec 30, last year reinstated the conversion certificates of Indira Gandhi's three children, two girls and a boy, now aged 19, 18, and eight years old.
The children were converted to Islam by their father in April 2009 without Indira Gandhi's consent after Muhammad Riduan (who is formerly known as K. Pathmanathan)'s conversion to Islam. The children were then aged 12 and 11 years, and 11 months. - Bernama