The Bar Council welcomes the Cabinet directive that children should not be converted from their original religion without the joint consent of both parents.
The Bar Council has consistently maintained that a converting spouse must resolve and continue to fulfil all his/her obligations to the family, including his/her children, spouse and parents, under the civil law, as that is the law under which the marriage was contracted. This must be done with the least disruption possible to the lives of children, whose welfare must be paramount.
The Bar Council however cautions that Cabinet directives are but policy statements that require amendments to the law for their full realisation. The relevant legislation must be immediately amended in order to fully implement this directive without further delay. We are optimistic that the resolution of this thorny issue will be a precursor to the resolution of other complex issues that arise when a family member converts, ranging from guardianship and custody, maintenance of spouse and children, inheritance by children, spouse and parents of a deceased convert’s estate and burial rites to nominations and assignments of insurance policies.
We are confident that the implementation of this policy will not diminish nor affect Islam, and its position under the Federal Constitution, in any way. The directive will go a long way towards reducing part of the acrimony within families and communities over hurried and hushed conversions of children by one parent, which often occurs following the breakdown of a marriage. As such, this initiative will clarify an area of law that is currently contested, and will promote greater harmony and respect among our multi–ethic and multi–religious society.
The Government’s commitment to protect the integrity of the family and well–being of individual family members, particularly children, deserves the support of all Malaysians. The Bar Council reiterates its support and readiness to assist the Government in realising this commitment. The Government must exhibit the necessary political will to implement this Cabinet directive swiftly.
Ragunath Kesavan
President
Malaysian Bar
28 April 2009