Interfaith group slams Cabinet, Bar Council cries foul over child conversion law

PETALING JAYA, June 28 ― Malaysia’s largest non-Muslim faith group today lambasted the Cabinet as “insincere” for the tabling of a law that could reduce safeguards against unilateral child conversion to Islam, which it expressly prohibited in four years ago.

The Malaysian Consultative Council Of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) ― the umbrella body of Malaysia’s non-Muslim creeds ― today pointed to an “unconstitutional” attempt to broaden the definition of parental consent in the conversion of children under the age of eighteen to mean either instead of both parents, contained within the Administration of Islamic Law (Federal Territories) Bill 2013 tabled on Wednesday.

“If this interpretation is advanced, then there is nothing to stop the other single parent to convert back the child to the original religion,” it said in a statement.

In 2009, then Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said the government will ban the unilateral conversion of minors to Islam, in an attempt to assuage concerns among Muslim-dominated Malaysia’s religious minorities.

But cases since, such as that of a Hindu mother Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge, illustrate the lack of adherence to the ruling.

“We hold the Federal Cabinet accountable for this transgression, that is, in spite of the Cabinet decision of 23/4/2009 whereby it was decided that a single parent cannot convert a minor child of the marriage,” the group said.

“Despite that public statement, the Cabinet deem it fit to introduce the above provision in D.R. 1/2013. It appears that the Cabinet promise and undertaking on this issue was not sincere.”

The Bar Council also echoed the concern raised by the MCCBCHST today, noting the intent of the Bill violates the spirit of the Federal Constitution.

“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,” it said in a statement.

It further pointed out that interpretations of the Constitution referring to “one gender also include the other gender, and all words in the singular also include the plural.” 

The Bar Council added that rather than easing unilateral child conversion, the government should be legislating safeguards that would eliminate such scenarios.

“We also recall that the government had sought to introduce appropriate amendments to the Law Reform (Marriage and Divorce) Act 1976 to provide that both parents must consent to the change of religion of a minor child,” the council said. 

“We urge the government to renew its initiative to introduce these amendments. This is the correct constitutional position, and should be consistently reflected in all relevant legislation.”

Custodial tussles in cases of unilateral child conversion provide a high-profile glimpse of the concerns of Malaysia’s religious minorities over 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.