DAP’s Kula lobbies for parliamentary conversion committee

Lawmaker M Kula Segaran says existing cabinet committee "is incapable and lacks leadership", and proposes all-party parliamentary conversion committee.

IPOH: An all-party parliamentary committee must be formed to find a permanent solution to interfaith conversion issues, said DAP today.

The party’s National Vice-Chairman, M Kula Segaran called on Prime Minister Najib Razak to immediately form the committee to execute a win-win formula for a permanent solution to the issue.

In a strongly-worded statement today, he said, “The issue of conversion has to be resolved by Parliament and a strong political will is required.”

Referring to the outcome of the M Indira Gandhi case on Wednesday, he said the Court of Appeal decision that the case was within the exclusive jurisdiction of the Syariah Court had put Malaysians “in a paralysed situation.”

“I am of the view the cabinet committee is incapable and lacks leadership to tackle this issue,” said Kula.

Kula said the Federal Government and its committee on conversion were in a stalemate with no clear decision because the issue was complex, sensitive and difficult to resolve.

“This confusion and uncertainty came about due to the 1988 constitutional amendment which the DAP had vehemently objected to then,” said the Ipoh Barat MP.

Under the amended Article 121(1A), civil courts have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts.

“The overlapping issue arises as in Indira’s case when one spouse converts but the other remains a non-Muslim.

“But in law, she has no right of audience in a Syariah Court. She has openly said that being a Hindu, she wants her matter resolved by the civil court. Now where is she going to get a remedy, if at all?” stressed Kula, who was also Indira’s legal counsel.

In 2009, Indira’s then-husband, K Pathamanathan converted all three of their children, who were minors then, to Islam, without the consent or knowledge of the mother or children. Indira then filed a court action to nullify the triple conversions.

On July 25, 2013, Ipoh High Court Judge Lee Swee Seng gave an order to quash the three certificates of conversion issued by the Perak Islamic Department (JAIP) declaring it null and void, and of no legal effect. He also declared that the three children were not converted to Islam in accordance with the law.

On December 30, 2015, the Court of Appeal decided that even in the unilateral conversion to Islam by one parent in a marriage, the conversion was within the exclusive jurisdiction of the Syariah Court.

Kula also raised MIC President, S Subramaniam’s inaction in finding a solution to the issue of unilateral conversion despite being a cabinet member on the conversion committee since 2009.

“He (Subramaniam) should also reveal who has been hampering a permanent and comprehensive solution to this matter, and clarify on whether the committee is in name only but dysfunctional in reality,” insisted Kula.

In 2009, Minister Nazri Aziz announced the cabinet’s decision to prohibit the unilateral conversion of minors to Islam as it was being abused to escape the responsibilities of a civil union and to gain custody of children.

Following this, a cabinet committee was formed which saw appointment of the Health Minister and MIC president, S Subramaniman to the committee.

A similar committee was revived after the 2013 general election, with Nancy Shukri and Jamil Khir Baharom as co-chairs and Subramaniam as a member.