Minister in the Prime Minister’s Department Jamil Khir Baharom ‘s parliamentary reply on June 17 that that consent from either one parent is enough for conversion of minors, under Article 12 (4) of the federal constitution has met with heavy criticisms and been pointed out as erroneous.
Jamil ‘s argument was based on the decision in the Federal Court in the case of S Shamala, “the consent of just one parent was sufficient to convert the religion of the child because the words used in Article 12(4) (of the Federal Constitution) is parent or guardian, instead of parents or guardians, mean either the father or the mother or a guardian” , but the Bar Council has yesterday pointed out that the Federal Court in the case of Shamala Sathiyaseelan v Dr Jeyaganesh C Mogarajah & Anor did not make any such decision.
The Bar Council president Christopher Leong has in a statement yesterday said:-
“On the contrary, the Federal Court had declined to address and make a decision on the issue of whether the unilateral conversion to Islam of the children in question was lawful and constitutional.
The case was dismissed by the Federal Court purely on the basis that S Shamala had absconded from the jurisdiction with the children and was therefore in contempt of court.”
It is therefore obvious that Jamil was wrong in citing the Shamala case and in interpreting the Constitutional provision.
Moreover, his answer also contradicted the 2009 Cabinet decision banning unilateral conversions of minors.
On April 23, 2009, then Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz said the Cabinet decided that in the event of any dispute, a child must be raised in the faith professed by both parents at the time of marriage.
He also said that conversion must not be used as a ground to automatically dissolve a marriage or to get custody of children.
Jamil’s mistake warrants an immediate correction from the government and there have been calls that the Prime Minister should immediately declare that the 2009 Cabinet policy stands.
Instead yesterday saw the Deputy Prime Minister Tan Sri Muhyiddin Yassin’s shocking, disappointing and unacceptable remarks that unilateral conversion is not wrong.
Public have now asked firstly, whether Muhyiddin was aware of the true facts about the Shamala court case and secondly, if the Cabinet has decided to reverse the 2009 Cabinet decision on unilateral conversions of minors.
The Prime Minister has chosen to remain silent on many past occasions when his response on important issues was required. But this is an important issue he should know that silence is not an option for him.
Unilateral conversion of minors is unfair and unjust and causes problems, cruelty and trauma. It also contravenes provision in the Federal Constitution. As pointed out by Datuk Nazri, it has even been used as a tool to obtain custody of children.
Datuk Seri Najib must immediately repudiate Jamil and Muhyiddin and reaffirm the Cabinet’s commitment to the 2009 Cabinet decision and its implementation.