Group urges Govt not to rush to introduce clause

PETALING JAYA: The Government must not rush to introduce Clause 88A which prevents unilateral conversion of a child by one parent, said the Malaysian Syariah Lawyers Association.

Its president Musa Awang said the Government must first listen to views from Islamic religious authorities and Muslim NGOs before deciding what to do.

“We respect the ruling of the Federal Court ... but we also want to stress that this issue needs a longterm solution which is more comprehensive in order to create harmony,” said Musa.

He said the association objects to the Government’s stand to consider introducing the clause to amend the Law Reform (Marriage and Divorce) Act (LRA).

“An amendment would only raise current tensions and can inflame the anger of Muslims,” he said.

Musa pointed out that before the Federal Court ruling on Monday nullifying the unilateral conversion of M. Indira Gandhi’s three children by her ex-husband, the apex court had in a separate case in 2007 ruled that unilateral conversion of a child by one parent to Islam did not violate the Federal Constitution.

In that earlier case, involving secretary R. Subashini whose son was converted to Islam by her Muslim convert husband, the Federal Court ruled that the word “parent” in Article 12(4) of the Constitution, which states that the religion of a person under the age of 18 years shall be decided by his parent or guardian, “means a single parent”.

“As such, it is not impossible that rulings by the Federal Court can change in future cases,” said Musa.

Malaysian Muslim Consumers Association secretary-general Datuk Dr Ma’mor Osman said it would be better if the Government collects the views of all related parties before acting on the issue.

“This is so that acceptance of any decision will be based on understanding and any objection will not be because of emotion,” he said.

“We understand the Constitution allows all Malaysians to practise their religion freely, but as Muslims we must adhere to the Quran and Sunnah (the customs and practices of the Muslim community that follow the traditions of Prophet Muhammad).

“As such, we must harmonise religious requirements with legal ones,” he said.

Dr Ma’mor said no member of a family should end up being victimised in such disputes.

“We need a professional, academic approach to finding a solution which includes all related parties.

“We have enjoyed harmony since Merdeka, let’s not risk it now,” he added.

International Islamic University Malaysia law lecturer Assoc Prof Dr Shamrahayu Abdul Aziz said the issue required a lot of wisdom to resolve because many Muslims are unhappy with a clause that forbids unilateral conversion of minors.

“I believe that the Federal Court ruling must be respected but the Government must be cautious in considering its next move and should discuss with those who are unhappy about Clause 88A.

“Don’t be hasty, as it is not an easy matter,” she said.