'Jamil Khir’s stand on unilateral conversion defective'

The government is wrong in citing the Subashini case to say that it is unconstitutional to ban unilateral conversions, says the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).

Minister in the Prime Minister’s Department Jamil Khir Baharom in a parliamentary reply yesterday said a ban on unilateral conversions contravenes Article 12(4) of the Federal Constitution.

Jamil Khir said this is affirmed in the R Subashini vs T Saravanan case.

However, MCCBCHST chairperson Jagir Singh said this view is defective, given the facts of the Subashini case.

“The MCCBCHST reiterates that if a single parent is allowed to convert a child, then there will be no justice and finality in the matter and it will have the effect of ignoring the constitutional provisions.

“If a single-parent-can-convert-a-child approach is taken, then this matter will persist even for the next 100 years, with justice being denied to the non-converting spouse and the matter can never be put to rest,” Jagir said.

The case cited involves Hindu mother R Subashini’s challenge of her son’s conversion to Islam by her estranged husband after he embraced Islam.

Jamil Khir said the Federal Court case’s dismissal of Subashini’s application affirmed that the word ‘parent’ in Article 12(4) means a single parent can change the religion of the child.

However, Jagir (photo) said Jamil Khir is mistaken because the court dismissed Subashini’s application on a technicality.

Subashini had filed for divorce before three months had lapsed since her estranged husband T Saravanan’s conversion to Islam, but the law states it could only be filed three months after the conversions have lapsed.

Jagir also cited constitutional law professor Shad Saleem Faruqi, who had then observed that the Federal Court’s 2-1 judgment did not change the word ‘parent’ to mean singular instead of plural.

The highest law

In the dissenting view, Justice Abdul Aziz Mohamed also states that the wife has equal right in preferring that the child is not converted to Islam, Jagir said.

“In view of the above, it is wrong for anyone to quote the Subashini case as authority for allowing unilateral conversion by one parent.

“If Article 12(4) were to be so interpreted, then it (Federal Constitution) being the highest law, a single parent could one day convert a child to one religion and the next day the other parent can convert the same child to a different religion. This would be absurd,” he said.

Furthermore, he said, it would be equally absurd to later say that a child who has been converted to Islam by a single parent cannot convert to another religion due to syariah law.

“Religious law cannot override the constitution,” Jagir said.

On March 9, Minister in the Prime Minister’s Department Nancy Shukri said the drafting of laws pertaining to the unilateral conversion of minors has been completed.

“From the aspect of civil (law), we do not have much problems, but this also relates to syariah (law),” Nancy said then.

From the syariah law aspect, she said, Jamil Khir has been obtaining feedback from the state religious bodies.

“A series of consultations with the states have been conducted,” Nancy said.

The cabinet had set up a five-member special committee in its latest attempt to deal with the interfaith conversion dispute and custody matters.

No scientific evidence of Hinduism-Buddhism in Bujang Valley?

Prominent Malaysian archaeologist Prof Mokhtar Saidin came out with two important findings during the two-day Old Kedah conference in Sungei Petani, recently.

One was that animism, rather than Hinduism or Buddhism, was the dominant form of worship in the Bujang Valley more than 2,500 years ago. Second, that Bujang Valley stands no chance of being gazetted by Unesco because there is no scientific research to date to verify that the temple ruins were Hindu or Buddhist.

I am not sure whether the two statements have any relationship with one another, or whether Mokhtar is trying to say that since there exists no solid proof of the existence of Hinduism or Buddhism, chances are that the religious worship could even be animism.

Anyway, in days or months to come, I hope Mokhtar can prove to the satisfaction of the international researchers that animism was indeed the dominant practice among the ancients.

He laments the fact that widespread existence of Hindu and Buddhist temples in the valley have yet not be proven. There is lack of scientific objectivity and rigour in establishing the truth about the Bujang Valley.

Mere presence of artifacts and architectural comparisons about Hindu-Buddhist temples do not reflect scientific integrity. Even the candi (either temple or burial ground) have been reconstructed from the stones and bricks in the vicinity.

Mokhtar said that no efforts have been made, both in the past and the present, to protect the temple sites in the valley. One candi was completely demolished by a developer in 2013, without any consideration for the heritage status of the land.

Mokhtar’s analysis of the heritage status of the Bujang Valley in the recent international conferences raised a number of questions that need to be addressed, both by archeologists, historians and those in the government.

Already acclaimed as Hinduism-Buddhism site

First, Bujang Valley has been internationally acclaimed as an ancient site of Hinduism-Buddhism, that is, before the advent of Islam. If there exists no evidence, whether scientific or not, then there is need to explain how this valley received such an acclaim.

Second, Mokhtar is well-known as an archaeologist and researcher, but for him to say that there is no scientific evidence to prove that the Hindu-Buddhist status of the Bujang Valley raises questions as to what our local researchers have been doing all the while.

Many excavations have been done in the past and many more are being planned, so, can I ask what is the purpose?

Third, colonial structures in Malacca and Penang have received the heritage status from Unesco. Is it really true that Unesco is withholding the conferment of heritage status on the Bujang Valley because there is no scientific evidence to authenticate the Hindu-Buddhist origins?

If other ancient sites around the world have received Unesco heritage status, what is preventing Bujang Valley from receiving such an award?

Fourth, apart from the lack of scientific rigour or evidence, who is responsible for initiating the area or place to be designated as heritage and what is the role of the state and federal governments?

Is the federal government dragging its feet on this matter simply because it is politically not conducive to do so?

Fifth, if local researchers do not have the technology or the skills, then maybe it is necessary to bring in foreign experts to determine whether there was such a thing as Hindu-Buddhist presence in the Bujang Valley.

Sixth, Saidin wants to prove that animism was widespread in the Sungei Batu area of the Bujang Valley more than 2,500 years, a site older than Borobodur and Angkor Wat.

As I have argued earlier, this might be so. It does not prove that Hinduism-Buddhism was non-existent but all these religions could have co-existed before the rise of monotheism.

Seventh, is there a relationship between the presence of animism and the lack of evidence on Hinduism-Buddhism?

P RAMASAMY is Deputy Chief Minister II of Penang and the state assemblyperson for Perai.

Mahathir to hit campaign trail against BN, says ex-Umno man

In what might be an unprecedented turn of events, the opposition campaign in the upcoming by-elections could receive a boost from Dr Mahathir Mohamad.

Speaking to Malaysiakini, former Batu Kawan Umno vice-chief Khairuddin Abu Hassan confirmed that the former premier would be hitting the campaign trail in both Sungai Besar and Kuala Kangsar.

Asked if this meant Mahathir would campaign for the opposition, he said: "It looks like that because Tun (Mahathir) is very consistent. He said BN must be defeated at whatever cost."

On whether this included supporting PAS candidates, he said: "Tun said if it is PAS, then we have to support PAS."

Recently, Mahathir urged the opposition parties to combine their efforts in order to prevent BN from retaining the two parliament seats.

His remarks drew flak from various Umno leaders, including Prime Minister Najib Abdul Razak.

The prime minister said Mahathir and his family had reaped enormous benefits from Umno and BN, and his remarks were akin to a stab in the back.

Whereas Umno secretary-general Tengku Adnan Tengku Mansor said Mahathir had made it clear that he wanted to kill the ruling coalition.

The latest development comes amid a warning from jailed former opposition leader Anwar Ibrahim to PKR on the dangers of working with Mahathir.

Anwar reiterated his caution this morning, saying that while he did not object to PKR joining hands with Mahathir on the Citizens’ Declaration, he however did not want the former premier to dictate the agenda.

The launch of the Citizens' Declaration two months ago witnessed opposition and civil society leaders, who were once critical of Mahathir, sitting at the same table with him.

Observers have also noted that following his incarceration, Anwar's influence had began to wane while Mahathir is appearing to usurp his role as opposition leader.

The by-elections, which would be held simultaneously on June 18, were called following the death of its incumbents Noriah Kasnon (Sungai Besar MP) and Wan Mohammad Khair-il Anuar Wan Ahmad (Kuala Kangsar MP).

The two were among six people who perished in a helicopter crash during the recent state election campaign period in Sarawak.

Nomination day has been fixed for June 5.

Lorry driver slashed to death outside restaurant

A MAN was found dead with multiple slash wounds in a drain in front of a restaurant in Batu Maung, Penang, Tamil dailies reported.

The body was discovered by passers-by at about 6am on Sunday.

The victim was identified as lorry driver R. Jegathiswaran, 27.

Police also found three cars at the scene with the interiors smeared with blood.

Several of Jegathiswaran’s fingers were believed to have been cut off during the attack and were found 28m from the body.

He was reportedly seen talking to some men the night before in the same area.

Police have detained two men in connection with the murder.

Kelantan cops on hunt for Indira Gandhi’s ex-spouse, border teams on alert

PUTRAJAYA, May 23 — Kelantan police today said they are already searching for M. Indira Gandhi’s fugitive ex-husband and have asked border authorities to be on the lookout for him.

Kelantan’s Criminal Investigation Department (CID) chief Assistant Commissioner of Police Mohamad Fakri Che Sulaiman said the state police are working with the Immigration Department to “monitor the movement” of Muhammad Riduan Abdullah.

“Kelantan Police has informed all the districts in Kelantan and the districts close to the border plus the marine police to be on the alert,” the officer in charge of criminal investigation under the Kelantan police contingent told Malay Mail Online in an email response today.

Indira and her lawyer M. Kulasegaran had previously voiced fears that Muhammad Riduan may have or is planning to flee across over the Malaysian border from Kelantan to other countries such as Thailand.

Kulasegaran had said Muhammad Riduan’s last known location in 2014 was in Kelantan’s Kota Baru.

Today, Mohamad Fakri noted that Indira’s ex-husband has been put on the wanted-list by the Perak police and said the Kelantan police will “follow through”.

“To date there (has) been no information as to the whereabouts of Muhammad Riduan in Kelantan,” he told Malay Mail Online.

He confirmed the Kelantan police have already initiated the search as directed by the federal police.

He said anyone with any information on Muhammad Riduan’s whereabouts can directly contact Ipoh police headquarters’ senior investigation officer Assistant Superintendent of Police Kamariah Jamaludin (016-5249091) or Pasir Mas district’s Criminal Investigation Department (CID) chief Deputy Superintendent of Police Samsulmuddin Sulaiman (012-998 2027).

In a protracted legal battle, the Ipoh High Court had in 2010 granted Indira custody over all three of her children and later ordered Muhammad Riduan to return the youngest child he had snatched away in 2009.

But Muhammad Riduan did not comply with the 2014 order to return Prasana Diksa, resulting in the Ipoh High Court’s order the same year for his arrest over his contempt of court.

The Ipoh High Court also issued a mandamus order the same year to compel the police to arrest him and return Prasana Diksa to Indira.

On April 29, the Federal Court upheld the order to compel the police to arrest Muhammad Riduan and said the Ipoh High Court will monitor the progress of the execution of the arrest warrant.

The apex court said then however that the Ipoh High Court should not have asked the police to recover the youngest child due to conflicting child custody orders from both the civil courts and Shariah courts.

On May 4, Inspector-General of Police Tan Sri Khalid Abu Bakar said that he had instructed his officers to locate and to arrest Muhammad Riduan for contempt of court from the day the Federal Court gave its decision, adding that there was no information to show that he had left the country.

Police report against Dr M over King ‘house arrest’ claim

KUALA LUMPUR, May 23 — Tunku Abdul Aziz Tunku Ibrahim has lodged a police report against Tun Dr Mahathir Mohamad over his claim that the King and other Malay rulers have been placed under house arrest.

He said the former prime minister’s allegation was “false and mischievous”.

The Malaysian Anti-Corruption Commission adviser noted that several news portals had reported on this.

He said Dr Mahathir alleged the house arrest was to prevent the King from receiving the 1.4 million people’s signatures that he (Dr Mahathir) claimed to have collected.

“By effectively accusing the government of placing His Majesty under house arrest, Tun Mahathir has gone too far, far beyond the bounds of propriety,” he told reporters at the Dang Wangi police headquarters here today.

He also rapped Dr Mahathir over his attempt to involve constitutional rulers in politics, as well as partisan politics to his advantage.

Tunku Abdul Aziz said Dr Mahathir’s action had caused confusion and could undermine public order and security, and urged the authorities to take immediate action against the former prime minister. — Bernama