KUALA LUMPUR, August 9 — DAP national legal bureau chairman Ramkarpal Singh said today it is unnecessary to debate the Bill on the unilateral conversion of minors to Islam in the Selangor State Assembly.
He said this is due to the fact that a Federal Court ruling has determined such conversions require the consent of both parents, and as such, any state legislation is bound by the same ruling.
“The said Federal Court ruling in the case of Indira Gandhi a/p Mutho versus the Director of the Perak Islamic Department and others is clear and unambiguous and remains the law as it stands in the country today on the matter,” Ramkarpal said in a statement.
As a result, he added any such unilateral conversion would be unconstitutional as it would be contrary to the Federal Constitution.
“As such, debating a Bill which proposes a law which is clearly unconstitutional in the Selangor State Assembly would serve no purpose.
“Furthermore, passing such a law in Selangor will cause unnecessary uncertainty as it may result in the application of a law which has been declared unconstitutional and of no effect,” said the Bukit Gelugor MP.
Although he acknowledged there is no restriction in debating a Bill which proposes a law which has been declared unconstitutional by the highest court of the land, doing so would be “a waste of time” per common sense.
“The said Federal Court ruling is final as it stands and should be respected. It is necessary for that ruling to be followed and debating a bill which is clearly contrary to the same in the Selangor State Assembly would certainly be a step in the wrong direction,” Ramkarpal said.
He was responding to a comment by fellow lawyer Mohamed Haniff Khatri Abdullah, who argued in favour of the debate on the Bill as a legislative body cannot be stopped from tabling any amendments simply because of a prior court ruling, per the principle of separation of power.
