88A back on the table?
After Monday’s landmark Federal Court ruling on the unilateral conversion of children, Clause 88A – which would have prevented unilateral conversion of a child by one parent - may be reintroduced. Prime Minister Datuk Seri Najib Tun Razak says the Governm
KUALA LUMPUR: The Government may consider amending the law to bring it in line with the Federal Court’s ruling on unilateral conversion of children.
The move comes a day after the apex court’s landmark decision on Monday to nullify the unilateral conversion of M. Indira Gandhi’s three children – Tevi Darsiny, 20, Karan Dinish, 19, and Prasana Diksa, nine, – nine years ago by her ex-husband K. Pathmanathan @ Muhammad Riduan Abdullah.
Prime Minister Datuk Seri Najib Tun Razak said the Government would consider reintroducing Clause 88A to amend the Law Reform (Marriage and Divorce) (Amendment) (LRA), which was passed in Parliament in August.
“We are looking into the matter. It is difficult to please everybody but it is important for us to respect the judicial system and the process in which the decision was made,” Najib, who is also Umno president, said after chairing the party’s supreme council meeting here.
He acknowledged that some groups were uneasy with the court’s ruling, but reminded all parties to respect the decision.
Najib was asked about the possibility of the clause being reintroduced to amend the LRA in Parliament after Monday’s ruling.
Clause 88A states that the religion of the child “shall remain as the religion of the parties to the marriage prior to the conversion” and that the child can, after turning 18 and with the consent of both parents, convert to Islam.
The clause would have prevented unilateral conversion of a child by one parent.
On Monday, Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said, who is in charge of law, said she would brief the Cabinet on the court decision.
She said Clause 88A was withdrawn from the Bill last year as it would have been opened for challenge in court owing to existing legal precedent prior to the Federal Court
ruling in Indira’s favour.
When contacted, MCA religious harmony bureau chairman Datuk Seri Ti Lian Ker said the clause was in line with the party’s long-standing stance on unilateral conversion as it took into account the welfare of young children.
“We have always insisted that the welfare of a child is of primary importance,” he said.
“The family unit and both parents must be consulted in any conversion.”
Change of events such as divorce or religious conversion by one parent should not give leeway for that parent to convert a minor without the other parent’s consent, he said.
MIC president Datuk Seri Dr S. Subramaniam said amending the Act to include Clause 88A was appropriate in view of the Federal Court decision.
“For those of us who were involved in battling (for) the amendment to the Act since 2009, this will provide a totality to our efforts.
“It will also provide a holistic solution to the entire problem faced by non-Muslim marriages caught in the quagmire of inter-religious disputes,” he said.
MIC deputy president Datuk Seri S.K. Devamany said it was a step in the right direction.
“I support this move. It is vital to maintain the unity and harmony of our country,” he said.
Gerakan secretary-general Datuk Liang Teck Meng said non-Muslims should support and welcome this reintroduction.
According to Article 12(4) of the Federal Constitution, the religion of a minor should be decided by the parent or guardian.
“But the court interpreted the word ‘ parent’ to be either the mother or the father.
“If Clause 88A gives the rights to the child (to choose), then it clears all these controversies,” he said.
Meanwhile, Malaysian Bar president George Varughese urged the Government to take immediate steps to amend all relevant legislation and enactment at the next Parliamentary session scheduled in March.