‘We will sue if Bill is passed’

Malaysians must be aware that "under the Guardianship of Infants Act which applies to non-Muslims, both parents are equal guardians of their children and have equal parental rights."

KOTA KINABALU: An NGO in Sabah has pledged to sue the federal government if the proposed amendment to Section 107(B) of the Administration of Islamic Law (Federal Territories) is passed.

The amendments which hinge on the use of the word ‘parent’ instead of ‘parents’, makes it legal for a father, mother or guardian who converts to Islam to do the same with their children who are under 18 years of age.

In announcing its stand, the Borneo Plight in Malaysia Foundation (Bopim) said their legal suit would be based on the “pursuit and preservation of justice for non-Muslims in Malaysia which is guaranteed by the Federal Constitution.”

Bopim president Daniel Jambun, a senior lawyer here, said the Bill contravened the Constitution, and for Sabahans especially, “it is another violation of a promise made before Malaysia Day in the 20 Points.”.

“Point No. 1 (in the 20-point agreement) states that “… there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo,” he said.

Jambun also censured Deputy Prime Minister Muhyiddin Yassin and Perak mufti Harussani Zakari for making “nonsensical” statements that such amendments were made “in line with current guidelines” and that the Bill was only “formalizing a standard practice which was agreed upon since Merdeka Day”.

“The Deputy Prime Minister’s statement that this amendment is to be made in line with current guidelines is just an excuse. If there are such guidelines then they are illegal.

“The other nonsensical defence is by Harussani who said that the Bill was only formalizing a standard practice which was agreed upon ‘since Merdeka Day’.

“This is actually an admittance by the Mufti that there has been such an illegal and unconstitutional practice since 1957,” said Jambun.

Jambun’s statement today adds to growing a chorus of objections to the Bill.

‘Diabolic intent’

Earlier this afternoon several BN MPS told FMT that they would vote against the Bill if it came down to it.

Yesterday Minister in the Prime Minister’s Department Paul Low voiced his opposition to the Bill.

Demanding that the provision under Clause 107B be struck off, he said “it is fundamentally unjust as it denies the rights of one parent on the welfare of his or her children.

“And the children are also denied the protection of their right to receive guidance from both parents as to their well-being,” he said.

Earlier Sabah Upko president and former federal minister Bernard Dompok object to the Bill and demanded to know how a document that was set aside by the federal cabinet had ended up in parliament.

Roman Catholic Bishop Paul Tan Chee Ing went a step further suggesting a “hidden diabolic intent” behind the government agenda to push through the contensious Bill.

Echoing Tan’s observation, Jambun urged Malaysians and Sabahans to be wary and “aware”.

“Let’s be aware that under the Guardianship of Infants Act which applies to non-Muslims, both parents are equal guardians of their children and have equal parental rights.

“However, under Syariah laws in Malaysia, fathers are the guardians of minor children – not the mothers.

“This proposed law then is one which will rob children of their human right to choose their religion when they reach 18 years of age.

“And it seems that this is intended as another diabolic agenda to suppress non-Muslims.”