Cerai dulu sebelum peluk Islam di Negeri Sembilan

Conversions - can PM live up to Negri's initiative?

 

The Negri Sembilan Islamic Affairs Council (Mains) has earned bi-partisan praise for proposing new rules to resolve conversion tussles but all eyes are now on Prime Minister Najib Abdul Razak to see if he can live up to the state's much-vaunted initiative.

Both DAP, MCA and Gerakan have urged that the ruling - which will require non-Muslims to resolve their civil marriage status first before converting to Islam - to be implemented in all other states.

"It will be ideal if the other states follow this proposal by Mains in order to avoid future controversy," said Gerakan National Deputy Youth chief Andy Yong.

Negri Sembilan Menteri Besar Mohamad Hassan (left), who is Mains chairperson, announced yesterday that under the ruling, anyone wanting to convert to Islam but whose spouse refused must first divorce.

"This means the person who wants to convert to Islam must first sort out all civil mattters including divorce, maintenance and custody," he said.

The new rules also will require any person who converts to Islam to sign a statutory declaration making public their status as a Muslim.

Child custody tussles

"It means you can convert (to Islam) but settle your obligations first as the marriage took place under civil law," DAP's Ipoh Barat MP M Kulasegaran told Malaysiakini when contacted.

Calling the ruling 'long overdue' and 'apt', Kulasegaran said the ruling should not be merely rules but be introduced as law with amendment to the Administration of the Religion of Islam (Negri Sembilan) Enactment 2003.

Kulasegaran (right), a lawyer, is known for handling child custody tussle cases caused by one parent converting to Islam.

There has been several incidents in recent history where a spouse who married under civil law converted to Islam and received custody of the children from the syariah courts while the non-Muslim partner obtained custody from the civil courts. This resulted in a legal and constitutional quagmire.

"The challenge now is whether other states will implement the same kind of rules and this is where the prime minister must take the lead and advise all states to correspondingly implement similar rules," said Kulasegaran.

Toothless committee

He recalled that a committee to look into the conversion issue was formed in Parliament in 2009 and another similar committee under the government was set up last year but Najib failed to effect any changes.

"In 2009, the conversion committee proposed that in the case of conversions, the child will be brought up in the faith before the conversion, but no one bothered to implement this as it was merely an advice and the committee was toothless," he said.

"Now that Negri Sembilan has led the way by taking the right initiative to protect the sanctity of Islam and to prevent similar sufferings by non-Muslim parents from happening to others, the prime minister must not disappoint again. He should now do what ought to have been done," noted Kualsegaran.

However, Vell Paari, son of former MIC president Samy Vellu, said menteri besars and chief ministers should take the initiative to emulate Negri Sembilan without having to wait for the prime minister.

"This is a state matter, so there is no need to wait for the prime minister," he said.

He hailed Mohamad's move as "bold", for pushing with the new rules in spite of possible opposition from conservative forces.

Cabinet withdraws controversial conversion bill

The cabinet at its meeting today agreed to withdraw the controversial Administration of Islamic Law (Federal Territories) Amendment Bill 2013, which has been tabled for its first reading in Parliament.

The bill stirred a hornet’s nest for providing that the permission of one parent alone is sufficient to convert a minor.

In making the announcement, Deputy Prime Minister Muhyiddin Yassin said the status of a child after the father or mother embraces Islam was discussed in depth by the cabinet.

"There are various views that have been taken into consideration by the BN component parties.

"Based on this, the cabinet today decided to withdraw the bill. This is to ensure the determination of the religion of the child can be justly resolved," Muhyiddin said in a statement.

With the withdrawal, Muhyiddin said, it would give the government and all parties the chance to scrutinise the law holistically. The government would then table a fresh bill, after it is in agreement among all parties concerned.

The amendment bill was tabled in the Dewan Rakyat on June 26.

Muhyiddin also said that Article 12 (4) of the Federal Constitution states that the religion of a child under the age of 18 has to be decided by the parent or guardian.

Amendment bill based on Subashini case

He said that based on the Federal Court decision in the R Subashini vs T Saravanan case, as cited in the Malaysian Law Journal, the word 'parent' was interpreted in the singular.

The amendment to Section 107 (b) in the Administration of Islamic Law (FT) Bill 2013, Muhyiddin said, was based on the provision in the federal constitution and the Subashini case.

Following today's cabinet decision, he said, any consequential amendments to the bill are also withdrawn.

“The government believes Islam is a just religion for all humans and the issue of the status of the religion of the children should be resolved in a just manner, based on the justice principles of Islam,” he added.

Despite what Muhyiddin cited on the Subashini case, veteran lawyer and lawmaker Karpal Singh said yesterday that the 2007 Federal Court ruling on the matter was grammatically wrong. 

Bar Council president Christopher Leong had earlier pointed to the move to amend Section 107 (b) as unconstitutional.

MCA, MIC and Gerakan also oppose the controversial bill and have asked for it to be withdrawn and reviewed

Conversion Bill: DAP offers help to BN

DAP chairman Karpal Singh says DAP is willing to provide BN with the two thirds majority needed to end the row over unilateral conversion of minors.

KUALA LUMPUR: In a rare moment of unity, DAP chairman Karpal Singh today offered Barisan Nasional each DAP MP’s support to amend Article 12(4) of the Federal Constitution which relates to the religious conversion of minors.

Article 12(4) of the Federal Constitution states: “…the religion of a person under the age of eighteen years shall be decided by his parent or guardian”.

The Bukit Gelugor MP suggested today that an amendment could be made whereby the word “parent” was followed with “deemed to be both parents if both parents are alive”.

The amendment, he argued, would bring an end to the row over the Administration of the Religion of Islam (Federal Territories) Bill 2013 which, if passed, could allow a sole parent to convert children below 18 to Islam.

“The DAP will, in the public interest, provide the necessary support. It has 38 members of Parliament, nearly thrice the number the BN needs to secure a two-thirds majority,” Karpal said at a press conference in the Parliament lobby today.

“In the interests of humanity, such an amendment should secure the support of all members of Parliament on either side of the divide.”

The veteran politician said that if the Constitution remained unchanged, it was unlikely that Parliament would be able to stop the Bill from being bulldozed through.

He noted a court ruling in 2004 and 2007 which stated that use of the singular word “parent” in the constitution referred to the consent of a single parent, and was enough to validate the conversion of a minor to Islam.

“The decision of the Federal Court, the highest court in the land, would appear to tie the hands of Parliament,” Karpal said.

“Such an amendment would remove, once and for all, any doubt as to the intention of the framers of the Constitution who must have had such an objective in mind in the inclusion of Article 12(4) in that sacred document,” he said.

The controversial Bill has received flak from the public, Cabinet members and BN and Pakatan leaders alike for being “unfair” and “detrimental” to non-Muslims.

Deputy Prime Minister Muhyiddin Yassin has acknowledged there were “issues” with the Bill, but defended it as a reflection of the current situation.

He said last Monday the government would take into consideration the public’s views and examine the Bill carefully before an announcement is made by Minister in the Prime Minister’s Department in charge of Islamic Affairs Jamil Khir Baharom.
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/04/conversion-bill-amendment-dap-offers-bn-help/#sthash.sm77wFGm.dpuf

‘Conversion bill signals Umno’s demise’

DAP's Ramakrishnan says it's part of an agenda to punish non-Malay voters.

GEORGE TOWN: A former senator today linked the tabling of the controversial religious conversion Bill to an alleged Umno agenda to punish non-Malays for rejecting Barisan Nasional in the 13th general election.

S Ramakrishnan, an official of Selangor DAP, said in a press statement that Umno was becoming increasingly insensitive to the feelings of non-Malays, especially since the May 5 election.

However, he added, the party’s attempt to whip up chauvinistic sentiments was bound to backfire and would hasten its downfall. The results of the recent election, according to him, could be taken as a sign that Umno’s end was near, for it showed that young and urban Malays were turning their backs on the party.

Ramakrishnan also said the bill to amend the Administration of Islamic Law (Federal Territories) Act, if passed, would scuttle Prime Minister Najib Tun Razak’s programme to shape the character of Malaysia’s plural society into one that would be deserving of the “Truly Asia” label.

“The Malaysia-is-Truly-Asia image that the country is trying hard to push is the diametric opposite of the increased radicalisation of Umno,” he said. “This is truly worrying.”

The bill, which was tabled last week, includes a clause that allows the mother or father or guardian of a minor to convert him or her to Islam without the consent of the other parent.

Many BN leaders outside Umno have expressed strong objections to the clause, arguing that it was fundamentally unjust as it denied the right of one parent over his or her children.

Ramakrishnan noted that the Federal Cabinet in 2009 had decided that the consent of both parents would be required in the conversion of minors. He asked why the government had now decided to go against that decision.

He also asked the promoters of the Bill to explain why they were going against the opinion of respected Islamic scholars on the question of religious conversion.

He quoted the following statement by Egyptian Grand Mufti Ali Gomaa:

“The essential question before us is: Can a person who is Muslim choose a religion other than Islam? The answer is: ‘Yes, they can’ because the Qur’an says, ‘Unto you your religion, and unto me my religion,’ [Qur'an, 109:6] and ‘Whosoever will, let him believe, and whosoever will, let him disbelieve,’ [Qur'an, 18:29], and, ‘There is no compulsion in religion. The right direction is distinct from error’ [Qur'an, 2:256].”
- See more at: http://www.freemalaysiatoday.com/category/nation/2013/07/04/conversion-bill-signals-umnos-demise/#sthash.8tBgEWNI.dpuf

Stay Islam Administration Bill, much to amend

 Honey Tan Lay Ean

The government has just tabled the Administration of the Religion of Islam (Federal Territories) Bill 2013 (the Bill). It is interesting to note that the government did not table a bill to only amend or add in new sections to the existing Administration of Islamic Law (Federal Territories) Act 1993 (the Act).

This Bill, when passed, will totally replace the Act. This means that all clauses of the Bill should and must be looked at to see if it is fair to all sections of Malaysian society: not just among Muslims, between Muslims and non-Muslims, but also between parents and their children.

There are many worrying clauses in the Bill, but I will only address Clause 107 (b) which provides that one parent or guardian of a non-Muslim child may convert her.

Do not be thrown off by people who say that Clause 107 (b) was already there as Section 95 of the Act - so what's the fuss now? The answer is this: we must fuss now because the Bill is tabled with all clauses up for debate so any clause may be amended or withdrawn.

In 1993 when the Act was passed, we were not vigilant. Maybe we thought it was a matter for Muslims, and it will not affect people of other faiths. We know better now after the cases of Shamala, Indira Gandhi and Subashini. Those women and their husbands were Hindus when they were married, and they married under civil law.

Suddenly, their husbands chose to convert to Islam and converted their children without their knowledge or consent. State laws with similar provisions to Clause 107 (b) enabled them to do so.

It is important to note that under the Guardianship of Infants Act which applies to non-Muslims, both parents are equal guardians of their children and have equal parental rights.

However, under Syariah laws in Malaysia, fathers are the guardians of minor children - not the mothers. By converting to Islam and converting their minor children to Islam, S Shamala, Indira Gandhi and R Subashini's husbands effectively took away those women's guardianship of their children.

Many also think that provisions in state laws similar to Clause 107 (b) of the Bill have been confirmed by the Federal Court decision in the Subashini case.

Legal opinions differ on this. What is clear is this: in Subashini's case, the Federal Court was not asked to decide whether conversion by one parent of his minor child to the religion of Islam was constitutional.

The relevant questions posed to the Federal Court in Subashini's case were these:

Question 1: "Whether in an application for an interim injunction a court can make a final determination on issues of law, in particular, where it refers to a question of jurisdiction, as opposed to a consideration of only the existence of a serious issue of law to be determined?" and

Question 2: "If the answer to question number 1 is in the affirmative, then:

"[...] Question 2.4: Is it an abuse of process for a spouse of the Law Reform to unilaterally convert the religion of a minor child of the Law Reform Marriage without the consent of the other parent?"

So whatever the Federal Court said in Subashini's case about one parent being able to convert a child is said in passing (obiter dictum) as it did not relate to the questions posed to it. All that is said in passing was do not bind other judges, and they do not have to follow it.

The net result of Subashini's case is that it is not good authority to say that Syariah law provisions such as Clause 107 (b) of the Bill are constitutional.

Leaving aside all the issues of law, and looking at it from a social justice viewpoint, is this the sort of law we want in Malaysia?

The sort of law that allows a parent to ride roughshod over the wishes of the other parent, and without even waiting for their child to attain the age of majority of 18 years to make up her own mind?

The government repeatedly says that national unity is key to our progress and development. In April 2009, the executive arm of the government (i.e., the cabinet) announced that children should be allowed to remain in the common religion of their parents at the time their parents married.

So once again, we can see that the government did not "kotakan kata": they have failed to keep to their word.

Let us lobby our members of Parliament - they form the legislative arm of government. Let us write, email, text, Facebook and Twitter them.

Tell them that they cannot vote for the Bill without amendments being made, and wider consultation with stakeholders from all over Malaysia.

To all our MPs - BN and Pakatan Rakyat alike, I urge you to be brave!

Do not vote to pass the Bill as it stands. You must do the right thing, especially when the executive has failed us.

Anwar: Islamic teachings suggest mum's consent needed to convert child

MIC: Bawah 18 tahun sepatutnya tidak boleh tukar agama

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.

'Mum's consent a must for child to be converted'

The Islamic position on child conversion is that a child can only be converted with the consent of the mother, Opposition Leader Anwar Ibrahim said today.

Speaking to reporters in the lobby of Parliament House, Anwar said the Pakatan Rakyat parties would continue to discuss the move to amend the Islamic law on the conversion of minors with one another, before taking an official stand.

He was referring to the tabling of the Administration of the Religion of Islam (Federal Territories) Bill 2013 in Parliament last week, which will allow only one parent's consent, or that of the guardian, to convert a minor to Islam.

"There's a specific case where the Prophet Muhammad sent a child back to the mother because the mother did not convert to Islam and only the father did so," Anwar said.

"We are looking at it (the bill) thoroughly. I have had discussions with (PAS president) Hadi Awang and (DAP secretary-general) Lim Guan Eng," he said.

He said Pakatan was also meeting with NGOs to determine the situation, including Bersih co-chairperson Ambiga Sreenevasan.

However, Anwar stressed, the conversion bill should not create a "divide" between Muslims and non-Muslims.

"We will sit with all the relevant parties," he added.

Subra blames translation error for conversion bill tiff

MIC deputy president Dr S Subramaniam has blamed a translation error for the controversy surrounding the recently tabled conversion bill.

Speaking to the press this morning, he said the Malay version of the bill was not in line with the English version.

According to Subramaniam, the English version of the proposed amendment to Section 107(b) of the Administration of Islam (Federal Territories) Bill 2013 says the conversion of minors requires the consent of a 'parent or guardian'.

However, he said the Bahasa version translates the word 'parent' to 'ibu atau bapa' (mother or father).
“We are stuck with the Federal Court decision and the interpretation of Article 12(4) (of the federal constitution) that pertains to this,” he said.

The article, read with Article 160 and the Eleventh Schedule of the federal constitution, expressly provides that all words appearing in the federal constitution which are stated in one gender also include the other gender, and all words in the singular also include the plural.

“The bill is totally new. I think this part was not seen by them (BN component parties). When they tabled it and we saw that particularly Bahasa Malaysia translation was not in line with our current thinking.

“We voiced our views in the cabinet and at the moment we are seeing how we can resolve the issue,” he said.

Asked whether the MIC would vote against the bill in parliament, he said: “I don’t think it will reach that stage.”
When further pressed whether this means the bill would be retracted, he skirted the question by saying “there are many options for us” and one of the them is to amend the controversial part of the bill.

‘Lack of communication’

He also added that “most” members of the cabinet agreed there had to be a consensus on the issue.

“There needs to be protection to prevent the conversion of minors just because one parent decides to convert themselves and uses that as a tool to convert minors.”

He said the BN government had discussed about the issue in 2009 and had decided to amend the law, but since then faced some issues tabling the bill in parliament.

Asked why the latest bill contradicts the cabinet ruling in 2009, he said: “Maybe there was a lack of communication.”

Yesterday, Deputy Prime Minister Muhyiddin Yassin said that the government would look into finding “a fair solution to the matter”, but also reiterated that the current amendment properly reflects the current situation.

There has been widespread criticism of the amendments within the Administration of Islamic Law (Federal Territories) Bill from BN component parties MIC and MCA, with MCA urging its members to vote against the bill.

Last week the Malaysian Bar Council said that the use of the word ‘parent’ should mean plural as is in line with the constitution and that the current proposed amendment would be ‘unconstitutional’.

MIC prefers no conversion for children below 18

Joining critics of the recently tabled amendment to the Islamic law on conversion of minors, the MIC has asked for the Bill to be adjusted to ban the conversion of children under the age of 18.

MIC president G Palanivel said he had raised issues surrounding the proposed amendment to Section 107(b) of the Administration of Islam (Federal Territories) Bill 2013 at last week's cabinet meeting.

"(If) any child (is) below 18 years, a single parent cannot convert him or her. It will become a problem," he told a press conference in Kuala Lumpur this morning.

He said this when asked about MIC's position on the Bill, which gives the right to a parent who has converted to Islam to convert his or her underaged children.

"We will suggest that we need a slight amendment, that there should be no conversion for those under 18 years. No problem for those above 18 years."

According to him, Minister in Prime Minister's Department Jamil Khir Baharom (left), who is in charge of Islamic affairs, has stated his willingness to study the issue.

"He also wants this to be discussed," claimed Palanivel.

The controversial bill was tabled last week, during the sitting of the new Parliament.

Jamil Khir said all MPs would be briefed before the bill moves into its second reading.

The controversial amendment to the Federal Territories Islamic law, which seeks to give just one parent the right to convert a minor to Islam, has been criticised widely, even by Umno's partners in the ruling coalition.

Earlier, the Malaysian Bar also pointed out that the amendment bill was unconstitutional, as the federal constitution has provisions for words such as ‘parent' required to convert a child to mean both parents, not one.

Other parties such as interfaith body Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), the Malaysian Gurdwara Council and Catholic Bishop Paul Tan Chee Ing, have also all blasted the bill on various grounds.

Despite the chorus of indignation, Deputy Prime Minister Muhyiddin Yassin insisted that the proposed law to allow one parent to convert a minor was consistent with the federal constitution, and said Jamil Khir has been tasked to follow it up.

BN MPs told to vote with conscience on conversion bill

A Penang Gerakan leader has urged MPs from the BN to search their hearts and vote with their conscience on the bill to amend the Federal Territories law relating to the conversion of minors to Islam, which he described as morally wrong.

The party's state legal and human rights bureau chief Baljit Singh (left) expressed deep disappointment over the matter, saying the bill was proposed without prior consultation with BN component parties, including Gerakan.

"This confirms the impression that only one party rules in the BN," Baljit told Malaysiakini, referring to Umno, whose members are Malay Muslims, as the prime mover of the amendment.

"You cannot put the cart before the horse. Consultation with various sectors must be done before proposing the bill to amend the Administration of Islamic Law (Federal Territories) Enactment in Parliament," he stressed.

Baljit was responding to the tabling of the controversial bill, which appears set to proceed in Parliament.

Minister in the Prime Minister's Department Jamil Khir Baharom said all MPs would be briefed before the second reading of the bill.

Legal action mulled

The controversial amendment to the Federal Territories Islamic law, which seeks to give just one parent the right to convert a minor to Islam, has been criticised widely, even by Umno partners within the ruling coalition.

Baljit said such a law, if allowed to proceed, could be abused as it was not fair to allow one parent to decide the faith of a child when both parents are responsible for the child's welfare.

"Why not let the child decide when she or he comes of age?" he asked.

Baljit backed his colleague, Kedah Gerakan Youth chief Tan Keng Liang (right), who threatened to file legal action against the government if Parliament passes the amendment.

The amendment will made to Section 107(b) of the Administration of Islamic Law (Federal Territories) Act to allow one parent to convert an underaged child to Islam.

Tan, in his declaration yesterday, said Article 12 (2) of the federal constitution should be defended at all times, especially since the proposed amendment "goes against the spirit of the federal constitution".