Govt decision on unilateral conversion of minors based on national interest (Updated)

04 Apr 2017 / 21:49 H.

PUTRAJAYA: The government will stand firm on its decision to legally prohibit the unilateral conversion of children to Islam.
"We respect all religions; we respect the rights of all races. In this matter, the government's decision is based on national interest," Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi said today.
His comment came in the wake of calls to the government by various Muslim leaders to either postpone or review proposed amendments to the Law Reform (Marriage and Divorce) (Amendment) Bill 2016.
Speaking to newsmen after visiting the International Modern Arabic School here, Ahmad Zahid said he would brief Minister in the Prime Minister's Department Datuk Seri Azalina Othman who has been given the responsibility of tabling the amendments.
The Bill, which is expected to be tabled for second reading tomorrow, had been postponed several times, and the government has assured non-Muslim religious organisations that it will pass the amendments at the current meeting of the Parliament.
One of the highlights in the Bill is a new Section 88A that explicitly states that "both parties" in a civil marriage must agree for the conversion of a minor to Islam.
Specifically addressing the "Religion of a Child" in civil marriages where one spouse has converted to Islam, the amendment states that in such cases, any children will remain in the religion of the parents at the time of marriage until the age of 18, whereupon they may choose their own religion.
Perak Mufti Tan Sri Harussani Zakaria had on Monday urged the government to postpone the tabling of the amendment, claiming that it is unconstitutional and against Islamic laws.
In an immediate response, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia called on those who are not lawmakers to cease issuing statements on matters currently being discussed in Parliament.
Meanwhile, PAS president Datuk Seri Abdul Hadi Awang had urged the government to form a special committee to review the Bill.
In a statement today, Abdul Hadi said a review was necessary as the proposed law could seriously affect the freedom of Muslims to practise their religion and prevent them from preserving their faith without external interference.
The government's move to amend the Act comes following two high profile cases of unilateral conversions, which had captured headlines in recent years and stirred religious tensions.
One was that of hairdresser S. Deepa whose family was torn apart when on Feb 10 last year, the Federal Court granted her custody of her 11-year-old daughter Sharmila, while her ex-husband N. Viran now known as Izwan Abdullah, got custody of their eight-year-old son Mithran, now called Nabil.
Another was the case of kindergarten teacher Indira Gandhi whose three children Tevi Darsiny, Karan Dinish and Prasana Diksa were converted to Islam by her former Hindu husband K. Pathmanathan, now known as Muhammad Riduan Abdullah, without her knowledge.
Last December, the Court of Appeal in a majority ruling held that the validity of conversion of the children could only be determined by the syariah court.
The High Court had earlier held the conversion certificates of the children were null and void.
In setting aside the ruling of the Ipoh High Court, Justices Datuk Balia Yusof Wahi and Datuk Dr Badariah Sahamid declared that the civil court did not have the jurisdiction to hear the conversion matter.
However, Judge Datuk Dr Hamid Sultan Abu Backer, in his dissenting judgment, said the conversion was purely an administrative matter and the civil court could inquire into the matter.
The legal saga began in April 2009, when Riduan converted the three children to Islam without their knowledge or presence, and without Indira's consent.
Tevi Darsiny, 19, and Karan Dinish, 18, both of whom have reached the age of majority age, are staying with Indira but Prasana's location remains unknown, although the High Court had in 2010 ordered Riduan to return her to the mother.

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