The Malaysian Bar - Forum on religious conversion to go on tomorrow

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Forum on religious conversion to go on tomorrow

Friday, 08 August 2008 03:46pm

©The Sun (Used by permission)
by Karen Arukesamy

PETALING JAYA (Aug 8, 2008) : The Bar Council's forum on religious conversion scheduled for tomorrow will proceed despite concerns raised by various quarters including cabinet ministers.

"We reiterate that our concern is to address the issues of conflicts of law facing families caught between the separate jurisdictions of civil and Syariah laws," said Bar Council vice-president Ragunath Kesavan, adding that the Bar has taken note of the concerns of the various parties.

The forum, entitled Conversion to Islam: Article 121 (1A) of the Federal Constitution, Subashini and Shamala Revisited organised by the council's Family Law Committee will be held at the Bar Council Secretariat at Lebuh Pasar Besar in Kuala Lumpur from 8.30am tomorrow.

He said the Bar is not questioning the provisions of Article 121 (1A), which confer Syariah jurisdiction over Muslim on the Syariah Courts.

"The coexistence of two separate legal jurisdictions is not a new or uncommon phenomenon and there are naturally issues of conflicts of laws arising from the different jurisdictions," he said.

He stressed that the Bar recognises and respects Article 121 (1A), adding however that there is strong view that it is unjust to compel anyone to be subjected to laws and courts that are based on a religion, they do not profess and that it must be addressed.

He said the forum centres on the manner of dealing with the current conflicts which the government must address constructively and not just pay mere lip services.

He said that although the Bar welcomes Prime Minister's recent calls for more interfaith dialogues to promote and ensure religious harmony among Malaysians, it urges that more be done by way of constructive dialogues and debates with relevant stakeholders to arrive at a just solution.

However, he said, it is troubled that some quarters are calling for it to be cancelled, adding that their concerns are contradicting the Prime Minister's assurance.

"The forum will not dispute Article 121(1A), nor question Islam or its status as enshrined in Article 3 of the Federal Constitution.

"It is not about conversion per se, as it endorses the absolute right of the individual to embrace Islam," Ragunath said.

He said the way to resolve this dispute is to promote greater understanding of views of all parties involved.

"We accept and understand that matters relating to faith and race are always sensitive and emotive," he said.

"Regardless of sensitivity, we must strive to achieve a just, fair and amicable solution to the problems faced by many individuals," he added

"The stifling of debates, talks and discussions would be counter-productive and would only fuel hate, fear and insecurity affected communities," said Ragunath.

The Bar Council agrees with the Prime Minister that there is a high degree of respect and tolerance in Malaysia and Malaysians are able to "discuss various issues, especially on religion, without having the fear of repercussions from any party."

"Malaysian society is matured and responsible. It wants to, and is ready to, exchange views in public, even on difficult issues, in efforts to further strengthen national unit and foster interfaith harmony," Ragunath stressed.

Ragunath added that issues confronting the nation cannot be done only at official levels or behind closed doors, but must be inclusive and involve the public and those who are affected,

He said calls to halt them implies that there are some aspects in those issues which public does not have the right to know as that would be counter to the democratic society of Malaysia.

"We believe that it is the continued suppression of open and respectful discourse, not public forums, that will cause tension and jeopardise national unity," Ragunath added.

He said the forum is open to everyone and the Bar is taking necessary precautions to ensure the dialogue takes place in a controlled and constructive manner, by holding it in a closed setting and requiring participants to register.