Apex court ruling would nullify Selangor unilateral conversion bill - lawyers

The purported plan to push through amendments and enable unilateral conversion in Selangor would be unenforceable, lawyers say.

This is as a Federal Court ruling pertaining to the constitutionality of unilaterally converting minors to Islam would supersede any state laws.

"Whenever the law uses a singular it can mean plural, and vice-versa," lawyer Rosli Dahlan told Malaysiakini.

"In this case, a child is the product (issue) of two persons in matrimony. The right to faith must be decided by both parents, not one. Otherwise, you will have a 'kidnapping' culture."

At present, the Selangor enactment reads that those below 18 must obtain the consent of his or her "mother and father" before embracing Islam. The amendment seeks to change this to "mother or father."

The Bahasa Malaysia version of the Federal Constitution also refers to "mother or father" with regard to consent for conversion. 

However, the Federal Court made a landmark ruling last year that the constitution should not be interpreted literally, and that the consent of both parents is needed before minors can be converted.

The decision was made in the unilateral conversion case involving the children of M Indira Gandhi and her ex-husband Muhammad Riduan Abdullah.

Syariah lawyer Nizam Bashir (photo), meanwhile, said this meant any related amendments to the law in Selangor would be "invalid and unenforceable."

"Clearly, as a consequence of the judgment, any proposed amendment of the state law to state that consent for conversion ought to be 'ibu atau bapa' (mother or father) would be contrary to Article 75 of the Federal Constitution.

"Article 75, in essence, provides that federal law prevails where state law is inconsistent with it," he said,

Malaysiakini reported yesterday that the amendment had been mooted by the Selangor Islamic Religious Council (Mais) and had received backing from the state palace.

However, Selangor Menteri Besar Amirudin Shari faced objections from within his cabinet as well as among state backbenchers on the issue.

Selangor Legislative Assembly speaker Ng Suee Lim also reportedly refused to sign a document regarding the amendment.

Right to faith

While the Federal Court ruling prevents unilateral conversions at present, both Rosli and Nizam said this can either be changed or reaffirmed if the matter is brought before it again.

Rosli (photo), however, said unilateral conversions would be at odds with Malaysia's status as a multiracial country.

"Everyone will think their religion is right. Where does that leave us as a nation with a multicultural and multireligious society?

"The right to faith is ultimately that of the child. If at birth, both parents are non-Muslim, the father cannot unilaterally convert the child. 

"He can himself convert, but he has no business converting his child without the wife's permission and vice-versa," he said.

Meanwhile, Nizam said those religiously inclined should keep in mind verses 99 and 100 of the tenth chapter of the Quran, adding that faith in general is "a matter for the divine."

A translation of the verses referred to by the syariah lawyer are as follows: "And had your Lord willed, those on earth would have believed – all of them entirely. Then, [O Muhammad], would you compel the people in order that they become believers?

"And it is not for a soul to believe except by permission of Allah, and He will place defilement upon those who will not use reason."

While the Selangor conversion bill has been torpedoed for now, there is speculation that the menteri besar or his supporters are planning a move to oust Ng as speaker.

DAP has said they will go all out to protect Ng.

Amirudin is expected to meet Selangor Pakatan Harapan leaders at his official residence in Shah Alam this evening, and will later attend a dinner event with the state chapter of PKR. - Mkini