Unilateral islamisation of children legal, says Muslim lawyers body

The islamisation of a child by a single parent who has converted to the religion is legal, according to Malaysian Muslim Lawyers Association (PPMM).

PPMM president Datuk Zainul Rijal Abu Bakar alleged the Malaysian Bar has falsely given the impression that such unilateral conversions went against Article 12(3) and 12(4) of the Federal Constitution.

Article 12(3) deals with the freedom of religion while Article 12(4) says that the religion of a person under eighteen years "shall be decided by his parent or guardian.”

The issue in contention is whether the term "parent" was singular or plural, and Zainul said the supreme court has already set a precedent on the definition of “parent”.

“This has been decided by the Federal Court in the case of Subashini Rajasingam v Saravanan Thangathoray & Others (2007) which has affirmed that a previous case of Nedunchelian V Uthiradam v Nurshafiwah Mah Singai Annal & Lain (2005), the term ‘parent’ can mean either a mother or father,” said Zainul.

Therefore, the islamisation of a child below 18 by a Muslim father is affirmed by the Federal Courts as correct and does not go against the constitution, he said.

Zainul further said that religious status of person who has embraced the religion(mualaf) can only be decided by the Syariah courts.

“The civil courts, muftis, or the state religious councils and the National Registration Department have no jurisdiction to change the status of the person,” he added.

Zainul also said the statement by former Minister in the Prime Minister’s Department Mohamed Nazri Abdul Aziz in 2009 that children of an estranged couple should remain in the religion of the parents at the point of their marriage, was invalid under the constitution.

“This Cabinet order, as claimed by the Malaysian Bar, has no value whatsoever and cannot change what has been decided in the courts.”

Zainul said the 87th conference of the Fatwa Committee of the National Council for Islamic Religious Affairs Malaysia in 2009 decided that: “When a mother or father embraces Islam, the religion of the underage child is also Islam and the care of the child must be placed under the parent who is Muslim.”

“All parties, including the Cabinet, Bar Council and the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism

“PPMM wants to remind all parties not to make this issue controversial but resolved by both parties in a civil manner,” he said.