JULY 2 — The recent tabling of the Administration of the Religion of Islam (Federal Territories) Bill in the Dewan Rakyat has invited much controversy. Clause 107(b) of the Bill raises concerns on the conversion of minors to Islam which requires parental consent. The legislative proposal seeks to make clear that the consent of one parent would suffice.
The matter has raised eyebrows of several political factions. According to a report in The Star, MCA MPs have been urged to reject the Bill by party central committee member Loh Seng Kok. In the same report MIC treasurer-general Datuk Jaspal Singh finds the clause to be “totally unacceptable”.
What then should be the right course of action? Should the Bill be withdrawn or revised? By what standards should we judge this matter? One would easily find moral grounds to approve or reject this provision. But moralities conflict, especially in a multi-faith country like Malaysia. What would be regarded as morally praiseworthy by some may be immoral to others.
Where then can we find common ground, a common standard that is accepted by all? I believe that the Federal Constitution is precisely where we Malaysians find commonality. After all, the Rukunegara proclaims constitutional supremacy: Keluhuran Perlembagaan.
Article 3 of the Constitution provides that “Islam is the religion of the Federation [of Malaysia]” but this does not in any way undermine religious freedom. The very same article maintains that “other religions may be practised in peace and harmony”. Here a balance is struck between the religion of the majority race and that of the minorities.
With this in mind, to seek to scrap the Bill as a whole may not be in line with the spirit of Article 3. It is too drastic a measure. Just as other minority races are entitled to religious freedom, so too must Muslims be allowed to regulate their own religion.
However, to seek to proceed with the Bill unrevised may not be compatible with Article 3 either. As noted above, other religions should be allowed to practise their faith in peace. This “peace” is affected when one parent wishes the child to embrace Islam and the other non-Muslim parent does not.
How then should this matter be resolved? The answer: clause 107(b) should be withdrawn to uphold constitutional supremacy. It should be withdrawn because it is potentially in conflict with Article 12(4) of the Constitution which states that the religion of the minor “shall be decided by his parent or guardian”.
It is true that singular terms were used (“parent” or “guardian”), but these should not be interpreted literally. It must be seen in light of the constitution as a whole. Words of the Constitution cannot be interpreted independently. With this, the Eleventh Schedule of the Malaysian Constitution is called to mind.
Section 2(95) of the Schedule notes that “words in the singular include the plural”. If so, the religion of a child must be decided by both parents. And if parents cannot find consensus on what the religion of the child should be, then the status quo should be maintained.
This lack of consensus between the parents would only be an issue until the child reaches 18 years of age. By then, the child would be able to “profess and practice his religion” in his own right by virtue of Article 11 of the Constitution. This, in my view, is a balanced approach.
However, I would also add that this resolution is based not purely on constitutionality or legality. It also finds its basis in the shared identity of the citizens of Malaysia.
This is due to the fact that the Constitution embodies the spirit of tolerance of a multiracial, multicultural Malaysia. It represents the bond that holds the nation together. In it we find not uniformity, but unity in diversity.
Clause 107(b) of the Bill should be withdrawn to reflect the reciprocal relationship among all Malaysians which is made manifest in our Constitution. Let us not let anything come between this reciprocity nor allow it to be torn asunder.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malay Mail Online.
