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Monday 27 April 2009

Draft law, Bar Council urges A-G

Image ©The Sun

PETALING JAYA (April 26, 2009) : The Bar Council has welcomes the decision by the cabinet last week on the conversion of children.

"The Bar Council welcomes the decision, which is consistent with the position we took when Tun Abdullah Ahmad Badawi was the prime minister, said its Constitutional Law Committee chairman Edmund Bon.
"And when there was a debate on recommendations for the Law Reform Bill, that was our suggestion -- that the child continues in the religion of the marriage."

Bon told theSun such conversions should only be made by the children themselves when they were of a sufficient age to do so.

"I think that it is right, and that it is consistent with past practices where there should be no compulsion to change the religion of a child because one parent converts to Islam," he said.

"Of course, if the child is of a mature age and is not subject to any duress or influence and is of sufficient maturity, international law provides that the child should have a say in the adoption of his or her own religion.

"Under the Convention of the Rights of the Child, which has been ratified by Malaysia, the child should have a say in his or her religion of choice."

Bon called on the Attorney-General’s Chambers "to work to draft a law putting the cabinet decision into action’.

"The attorney-general must draft the law to implement this policy, and clarify the constitution. The A-G must clarify and clear any doubts in the constitution as the Malay language version says that as long as one parent converts the child, it is sufficient. However, the English version says that the consent of both parents is needed. There is an ambiguity

"Prior to this, the A-G took the view that only one parent was needed. But now, as the Cabinet has come up with this decision, the A-G must be consistent with this decision."

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