Rulers can’t bar tabling of conversion Bill, says expert

Consent from the Conference of Rulers will only be an issue if proposed legal amendments to address unilateral conversion issues is passed by the senate, a constitutional expert says.

Law professor Shad Saleem Faruqi said while Article 159(5) of the Federal Constitution allows the Conference of Rulers to withhold consent and prevent passing of certain laws, the powers can only be exercised once a Bill has been passed by the senate.

"In 2009, I knew there were objections from the majesties (on the proposed amendments). As head of religion, they have the right and veto power to object.

"At the same time, this veto power does not prevent any Bill from being tabled. The Conference of Rulers does not have contraceptive powers," he told Malaysiakini.

Shad Saleem was asked to comment on the latest cabinet committee set-up to look into the judgement in M Indira Gandhi's case. (read the majority and minority judgements below)

The members of the new committee - Tourism Minister Nazri Abdul Aziz, Health Minister Dr S Subramaniam and Minister in the Prime Minister’s Department Jamil Khir Baharom - were previously involved in a 2009 committee that also looked into her case.

Contacted for comment with regards to these latest developments, Nazri told Malaysiakini that he is currently overseas. Jamil Khir is similarly attending a conference in Dhaka, Bangladesh.

The Malay Mail today quoted Subramaniam as saying that he is confident the latest committee would provide solutions in ensuring such cases will be a thing of the past.

“We had solutions then (in 2009) and presented it but it did not materialise due to certain issues.

“I can't get into details but we are looking at every aspect, including civil law, religious sensitivities and also consent from the Rulers who are the guardians of Islam," said Subramaniam, who is also MIC president.

Shad Saleem said the cabinet committee is a sign that the government is taking steps to address the issue, but believes amendments should be tabled in Parliament at the earlier possible opportunity.

Indira's three children were converted without her knowledge by her ex-husband, with the conversions quashed by the Ipoh High Court in July 2013.

On December 30, the Court of Appeal led by Balia Yusof Wahi in a majority ruling held that the validity of conversion of Indira's three children by their Muslim father could only be determined by the syariah court.

The two elder children Tevi Darsiny and Karan Dinish are currently in Indira's custody while the youngest, Prasana Diksa, is with her ex-husband Muhammad Riduan Abdullah, despite a High Court ruling in 2011 awarding custody to the mother.

Majority judgement:

Minority judgement:

-Mkini