The Federal Court verdict today on the unilateral conversion of a child to Islam will open a can of worms, warned Syariah Lawyers Association president Musa Awang.
He said that the verdict, which nullified the conversion of M Indira Gandhi's three children to Islam, might lead to more conflicts over child custody and even abduction of children by parents.
"We are concerned that custody of a child will influence the children's right to determine their own religion (when they turn 18).
"There might be people who will take advantage (of the ruling) and abscond with the child and hide the child until the child decides (what religion they want to embrace)," he said.
He added that the apex court ruling also conflicted with Sunni Muslim schools of thought which say that children are to convert to Islam if either parent converts.
Musa was commenting on the Federal Court's landmark ruling today nullifying the unilateral conversion of M Indira Gandhi's three children by her ex-husband Muhd Ridhuan Abdullah in 2009.
The youngest of the three, Prasana Diksa, was just 11-months old when Ridhuan converted her and fled. Indira Gandhi has not seen her for the past nine years.
The mother has custody of the two elder children.
In a separate case in 2014, a woman, S Deepa (below, right), claimed her converted ex-husband had snatched away their son a day after the High Court in Seremban granted her custody of their two children.
In both Indira Gandhi and Deepa's cases, police did not enforce court orders to retrieve the children.
Meanwhile, Malaysian Muslims Lawyers Association president Zainul Rijal Abu Bakar urged state governments to amend their respective state constitutions so that syariah courts are on par with civil courts.
Zainul said syariah courts should also be opened to non-Muslims so that they too can get justice in a Muslim court.
"Laws regarding conversion to Islam should also be reviewed, especially the guidelines for child conversion.
"Children who can't need not recite the syahadah (proclamation of fatih) to embrace Islam, it is sufficient if their parents are Muslims," he said in a statement.- Mkini
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