In our country, Islam is something you register for. Instead of God being the custodian of the faithful, we have the Jabatan Pendaftaran Negara who will faithfully record all those who are classed as Muslims. Muslims are under the jurisdiction of the Sharia courts and thus afforded special treatment. For us, faith isn’t something one is allowed to consider. One is born a Muslim will die a Muslim. Don’t worry if you can’t live as a Muslim though. The thieving, raping, terrorising and pimping Mat Rempits are all Muslims and so are the corrupt and parasitic politicians. Islam in Malaysia is not about ethics but about the census.
Lets take the case of Indra Ghandhi and her estranged husband K.Pathmanaban or Mohd. Rizuan Abdullah. Pathmaban only had to convert to Islam and begin proceedings to change the religion of his children to Islam in order to gain custody. Although we don’t know exactly what went on behind the scenes of Pathmanaban and Indra’s marriage, it would not be exactly outlandish to assume that Pathmanaban could have used our superficial treatment of Islam to try to gain custody of his kids.Lets however, assume that he didn’t. Lets assume that he is acting in good faith to make his kids Muslim since he now believes that that would be the right thing to do for them. Islamically, how would one judge his act? The Quran uses the phrase ‘qawlan ma’roofan’ (a recognised saying; the Malay word ‘takrif’ comes from this) as what the determines the condition of marriages (2/235). Pathmaban when he married Indra, was recognised as a Hindu. When he had his kids, he was a Hindu. If he wasn’t a Hindu or if Indra had suspected that he was about to become a Muslim, she would have not had kids with him. Therefore, by trying to convert his kids to Islam without Indra’s approval, he is reneging on their prior agreement. He should be informed that believers according to Quran fulfil their covenants (23/8). The term ‘mumin’/believer in Quran refers to both faith and trustworthiness.
The decision of the Cabinet, although I would question and question deeply their motives, must be applauded. Maybe Najib saw this issue as one of the things he could afford to let go, we can’t know for sure. What we do know is, it is a good decision. It is a fair decision because at the time of the marriage, both parents knew the others religion and were ok with it. At the time of the marriage, both parents were non-Muslims and so the Sharia courts were not involved. That would make it a level playing field.
One good thing which has come from this incident is that we are once again able to see the true face of PAS. While Nik Aziz, Abdul Hadi and the rest of the big boys have been silent (kudos to their political sensibilities – it would not do to denigrate this decision while simultaneously claiming we’re all the children of Adam, would it Nik?), we have Mahfuz Omar claiming that the decision would be harsh against the people by confiscating their rights as parents. It is very pertinent here for us to notice that he highlights the newly-converted parent’s rights but not the right of the parent who married in good faith. This is the real face of PAS. Take note people, especially fellow members of the Pakatan Rakyat.
It is a real shame that Islam is reduced to this in Malaysian political discourse. When the Cabinet actually makes a decision in line with the law and common ethics, it is criticised by Muslim NGOs and of course the Perak Mufti whose idea of Islam is an indoctrination camp where our only role is to make up numbers, something the Quran doesn’t care about at all. These people call themselves ‘pembela’/defenders of Islam but what they actually do is to reduce Islam into a shadow of its real self. What I suggest to Pathmaban, be compliant to the law, be fair to your former spouse. Speak to your children fairly about Islam if you wish and lead by a good example. Forcibly converting them like this is not the right way even by your new faith.
Farouk A. Peru
www.farouk.name
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