PKR MP proposes Bill to amend constitution, end unilateral conversion

A PKR lawmaker will propose a bill to amend the Constitution to put an end to unilateral conversions of children below 18 years of age in the next sitting of Parliament, which convenes on Oct 23.

Alor Setar MP Gooi Hsiao Leung said he has sent a letter on the proposed bill, which he said would be dubbed as Federal Constitution (Amendment) Act 2017, to Dewan Rakyat secretary Roosme Hamzah today.

Gooi said the Bill seeks to substitute the word "his parent" with the words "both his parents", in Article 12(4) of the Federal Constitution that says the religion of the person under the age of 18 years shall be decided by his (a minor's) parent or guardian. Some view the word 'parent' in this clause as singular, meaning only one parent's decision is necessary when deciding a child's religion.

"The bill has no financial implication as it will not involve the government in any extra government expenditure," Gooi told Malaysiakini.

On Prime Minister Najib Abdul Razak's call to women to give BN its two-thirds majority in Parliament, if the unilateral conversion of minors is to be stopped, Gooi asked why Najib has to wait until the next general election when more than 14 opposition lawmakers have already said they will support the constitutional amendment.

"That's why I'm putting this bill to be considered in the October sitting.

"Let's solve it now and put it to rest if he (Najib) is serious in wanting to solve this problem. Please walk the talk."

The government was supposed to have introduced amendments to Section 88A of the Law Reform (Marriage and Divorce) Act (LRA) to put a stop to unilateral conversion of minors, in the last Parliament sitting, but it was dropped as it was said to be in violation of Article 12 (4) of the Constitution.

The proposed Section 88A(1) states that "Where a party to a marriage has converted to Islam, the religion of any child of the marriage shall remain as the religion of the parties to the marriage prior to the conversion, except where both parties to the marriage agree to a conversion of the child to Islam, subject always to the wishes of the child where he or she has attained the age of eighteen years."- Mkini