Women central on unilateral child’s conversion case

suppadmin | January 30, 2018

In a press statement released today, SUPP Women Central Chairman Cr. Kho Teck Wan welcomes the decision made by the Federal Court to nullify the unilateral conversion of M. Indira Gandhi’s three children to Islam.

“The unanimous decision made by the five-member panel led by court of Appeal President Tan Sri Zulkefli Admad Makinudin showed that we are a matured nation where the right of a child and both parent must be respected. And the decision of both parents are equally important in choosing the religion for their children. M. Indira Gandhi is a brave lady, her perseverance and spirit to fight for a mother’s right should be an example to us all. The result of her appeal case could change the practice of unilateral child conversion to Islam in Malaysia.” Said Cr. Kho.

The court had ruled that Registrar of Muallafs had no power to register Indira Gandhi’s three children as Muslims since the children were not present during the conversion. Indira’s ex-husband converted their three children on his own in 2009, three weeks after his own conversion.

In the Article 12(4) of Federal Constitution, the religion of a person under the age of 18 shall be decided by his or her parent or guardian. And it had been a longstanding dispute over the word “parent”, where some parties argued that the consent of one parent is sufficient.

The Federal court also ruled that the definition of “parent” should be plural. And the consent of both parents must be sought.

“I am delighted to hear that the Minister in the Prime Minister’s Department Datuk Seri Azalina Othman planned to bring the case to Cabinet’s attention.” Said SUPP Women Chief.

Datuk Seri Azalina had tabled the new section 88A into the Law Reform (Marriage and Divorce) Act 1976 (“Act 164”) which prohibit unilateral child conversion to Islam last year, however, the Clause 88A was dropped by the cabinet.

SUPP Women Central urges the Minister in the Prime Minister’ Department to consider tabling the section 88A into the Law Reform Act again this year so no parent has to go through the same ordeal as M. Indira Gandhi.