©The Sun Daily (Used by permission)
by Hemananthani Sivanandam and Dorothy Cheng
KUALA LUMPUR (July 2, 2013): Even as debate raged today on the conversion of minors to Islam with a senior MIC leader claiming that the Federal Court had erred on the interpretation of the word "parent', opposition leader Datuk Seri Anwar Ibrahim insisted that Islam required a mother to agree to the change of religion.
The morning began with MIC deputy president Datuk Seri S. Subramaniam questioning the High Court's understanding of the word "parent" in Article 12 (4) of the Federal Constitution, which reads that "the religion of a person under the age of eighteen years shall be decided by his parent or guardian."
He went on to underline the fact that MIC could not agree with the Islamic enactment of federal law as reflected in the Administration of Religion of Islam (Federal Territories) Bill 2013.
Shortly after, the opposition leader was quoted by Malaysiakini as telling reporters at Parliament that there was a specific case where Prophet Muhammad sent a child back to his mother because the mother did not convert with the father to Islam.
Anwar said the issue was being studied thoroughly by Pakatan Rakyat, with ongoing discussions between him, PAS president Datuk Hadi Awang and DAP secretary–general Lim Guan Eng.
Subramaniam, elaborating on MIC's stand on the matter, which has raised the hackles of non–Muslims, said the controversy had its beginnings in the 2003 case of Shamala Sathiyaseelan versus Dr Jeyaganesh C. Mogarajah, in which the High Court ruled that only the consent of one parent is required in the conversion to Islam of a person below 18.
He said the court had interpreted the term "parent" in Article 12(4) to mean only the father.
"Because of (this) one case, everyone has come to say that this is the law. The cabinet is very concerned with how to handle this and overcome the problem," he said, adding that Barisan Nasional is seeking the advice of the Attorney–General's Chambers.
"This is an ongoing issue that needs to be undone and an action plan will be formed soon," he added.
Anwar, meanwhile, said PR is expected to declare its stand on the controversial bill as soon as next week.
He said the leadership is in the midst of studying the bill thoroughly before giving a public response on the issue.
Anwar, who is also Permatang Pauh MP, said he will be meeting representatives from non–governmental organisations, including former Bar Council president Datuk S. Ambiga, to discuss the bill.
"We (Pakatan) will decide by next week or so because we still have time (to go through the Bill)," he said.
Various groups have expressed their objections to the bill, which allows only one parent to convert children to Islam.
Bar Council Human Rights Committee chairman Andrew Khoo had said that laws allowing a mother or a father to convert the religion of a child without the consent of the other spouse are unconstitutional and should be repealed.
Bar Council president Christopher Leong said a decision on the religion of a child should be made by both parents – as both are responsible for a child.
On Monday, Deputy Prime Minister Tan Sri Muhyiddin Yassin had said the proposed bill is in accordance with the Federal Constitution and a Federal Court judgment (the 2003 case).