KUALA LUMPUR, July 27 — The Federal Constitution should be amended to exempt Muslims from the legal provisions granting a mother equal rights to raise her children in relation to religious education, Perak Mufti Tan Sri Harussani Zakaria (picture) has said.

The conservative Islamic cleric’s proposal came in the wake Hindu mother M. Indira Gandhi’s legal victory earlier this week to reverse the unilateral conversion of her three young children to Islam by her estranged Muslim convert husband.

“That provision (chapter on child’s religion) should be amended or added by excluding Muslims,” Harussani was quoted as saying by Malay daily Utusan Malaysia today, referring specifically to Articles 3, 5 and 11 of the country’s highest law.

Articles 3, 5 and 11 relate to the religion of the federation, liberty of the person and freedom of religion respectively.

“In the Constitution now, Islam is only for practice but not from the legal aspect as it is not implemented. That’s what’s difficult. Laws that are in conflict with the Constitution are dropped, that becomes perplexing,” Harussani was quoted as saying.

According to the mufti, non-Muslims should not feel discontent if the provisions in the Constitution were to be amended as he proposed, as they had agreed to a social contract and had accepted the Constitution as a condition that allowed them to live in the country before Independence.

In a landmark ruling on Thursday, the High Court quashed the conversion certificates of Indira’s three children, declaring it unconstitutional to unilaterally force a minor to embrace a different faith.

Harussani also appeared to suggest that legal disputes on the religious status of a child when it involved Islam should be brought before a syariah court even if one of the parties is a non-Muslim.

“Should be heard at the syariah court but because it involved Hindus, the case cannot be heard at the syariah court, they become confused.

“Have to ask the Attorney-General why the Constitution does not allow us to hear the non-Muslims,” Utusan reported him as saying.

Custodial tussles in cases of unilateral child conversions have been a growing concern over the years and provide a high-profile glimpse of the concerns of Malaysia’s religious minorities over the perceived dominance of Islam in the country.

It also highlights the complications of Malaysia’s dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

Right-leaning Muslims have argued that the National Fatwa Council had met in 2009 and decided that any underaged child must be placed under the care of the parent that has embraced Islam should a marital dispute arise with a non-Muslim spouse.