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Saturday, 10 December 2016

Unilateral conversion: Federal law prevails, says Azalina

Perlis’ amendments to state law will become inapplicable upon the passing of amendments to Law Reform (Marriage and Divorce) Act 1976, says the de facto law minister.

Where there is inconsistency between a federal law and a state law, the former shall prevail, says Minister in the Prime Minister’s Department Azalina Othman Said.

Hence, once the federal government succeeds in amending the Law Reform (Marriage and Divorce) Act 1976 (LRA), Perlis’ recent amendments allowing for a child to be converted to Islam with the consent of only one parent will be inapplicable.

According to Azalina, it is the Perlis state assembly’s prerogative to amend the Administration of the Religion of Islam Enactment 2006.

“At the same time, the Bill tabled by the government to amend the LRA is timely and must be seen as a positive step.

“Once this amendment is passed, it becomes a federal law.

“It should be noted that Article 75 of the Federal Constitution provides that when any state law is inconsistent with a federal law, the federal law will prevail,” she said in a statement today.

The proposed amendments to the LRA, seeking to make it compulsory for both parents to consent before a child can be converted to Islam, will be debated in the Dewan Rakyat sometime next year.
At the moment, three states — Selangor, Penang, and Terengganu — have enacted this rule.

“The government is committed to solving this matter holistically and the input of all parties will be taken into account,” said Azalina.

“I hope all parties will look objectively at the proposed amendments and avoid politicising it for any reason or make any premature statements.”

The Perlis assembly passed the amendment to the Administration of the Religion of Islam Enactment 2006 yesterday, but Perlis Menteri Besar Azlan Man told the New Straits Time Online today that this had been taken out of context.

Azlan said the amendment had only replaced the phrase “ibu dan bapa” (father and mother) with “ibu atau bapa (father or mother), in line with the words used in English.

He claimed the amendment had no legal effect and was only about standardising the language.

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