Syariah lawyers: Change to Section 107 not major

There is no major change to Section 107 of the Administration of Islamic Law (Federal Territories) Act 2013 as proposed in the bill before Parliament, says the Malaysian Syarie Lawyers Association (PGSM).
Therefore, said PGSM president Musa Awang, there is a need to explain the bill further to non-Muslims as such a provision was already in place, in Section 95 of the same Act, and has been in force since 1993.

"PGSM thinks the parties disputing Section 107 do not understand and this needs further explanation and clarification. If the amendment to Section 107 is withdrawn, Section 95 of the Act still stands," Musa (left) said in a statement today.

Such an amendment, he said, has adopted in other states, in Pahang in 2001 ; Malacca (2002); Selangor (2003); Johor (2003); Penang (2004); Kedah (2008); Terengganu (2008); Negri Sembilan (2009) and Perak and in fact the Federal Territory had been left behind.

There has been much debate on the amendment proposed to Section 107 of the Act, with Bar Council chairperson Christopher Leong calling it unconstitutional, since the meaning of the word `parent' in the bill should be in line with the federal constitution - to mean both parents, if they are still alive.
"We reiterate that the unilateral conversion of minor children to any religion by a parent, without the consent of the non-converting parent, is contrary to our constitutional scheme," Leong said.

MIC and MCA, along with Gerakan and the Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism, have also expressed concern over the matter.

Despite this, Musa argued that Section 95 of the Act, which pertains to the capacity of a person to embrace Islam, had been in place since 1993.

Section 95 states that a person who is not a Muslim may convert into Islam if he/she is of sound mind and

(a) Has attained the age of 18 years; or

(b) If he/she has not attained the age of 18 years, his parent or guardian consents to his/her conversion.

PGSM prefers the court decides on conversion

Musa said PGSM sees the proposed amendment to Section 107 to be in line with the Federal Court decision in the case of Susie Teoh and other cases that state an underaged child can embrace Islam with the permission of of the mother, or father or guardian.

Hence, he said, there was no issue of the Islamic Council trying to seize the rights of non-Muslims under the federal constitution.

"If there are any parties not satisfied with Section 107, it means that there should be an amendment to the constitution," Musa said.

PGSM, he said, was agreeable that the conversion of young children be decided by the courts, based on the individual facts.

However, Musa added, the crucial matter was how a father who embraces Islam with his children needs to maintain his relationship with his wife, who may not have embraced Islam, so that the rights of the mother over the children are not denied.
There have been many child conversion cases in the past that also involved child custody cases like the R. Subashini, S Shamala, and recently the S Deepa case in Negri Sembilan.

The non-resolution of these cases coupled with the 2009 cabinet directive where the government barred the secret conversion of children had resulted in such concerns, especially to the non-Muslims.