Minister tasks Jakim to refer unilateral conversion issue to syariah committee

 

Mohd Na’im Mokhtar has tasked the Islamic Development Department Malaysia (Jakim) to refer the unilateral conversion of minors to the special committee to review state assemblies’ competencies to enact Islamic laws.

Na’im, who is minister in the Prime Minister’s Department (Religious Affairs), said the committee, led by former chief justice Zaki Azmi, should scrutinise matters related to conversion to harmonise them with existing regulations.

This was because there were discrepancies regarding the conversion of minors.

“Currently, eight states require the permission of only one parent - either the father or mother - to convert their child, under 18 years old, to Islam.

“They are the Federal Territories, Malacca, Sarawak, Negeri Sembilan, Perak, Kedah, Terengganu, and Perlis.

“However, five other states - Penang, Sabah, Selangor, Johor, and Pahang - require the consent of parents to enter their child into Islam,” said Na’im in a statement.

‘Respect court verdict’

In 2018, the Federal Court ruled that the consent of both parents is required for the lawful conversion of their children, per Article 12(4) of the Federal Constitution.

Article 12(4) states the “parent or guardian” shall determine the religion of a child below 18 years of age.

The Federal Court, in M Indira Gandhi’s case, ruled that the word “parent” in that provision shall be interpreted as both parents and that the English version of the Federal Constitution is the authoritative text.

Based on the 2018 verdict, on Jan 10, the Court of Appeal quashed the unilateral conversion of Loh Siew Hong’s three children to Islam.

A three-person bench chaired by judge Hadhariah Syed Ismail unanimously allowed the Buddhist single mother’s appeal against the 2020 conversion of her 15-year-old twin daughters and her 12-year-old boy.

Touching on Loh’s case, Na’im said he respected the Court of Appeal’s decision and urged the public to do the same.

“I believe the judgment is based on knowledge, experience, and the wisdom of the Court of Appeal judges, who were guided by the Federal Constitution and the law, in finding the best solution for the benefit of Muslim or non-Muslims alike,” he said. - Mkini