Respecting our children’s freedom

7/28/2019 Respecting our childrens freedom

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By IBTimes Staff Reporter | June 29, 2013 7:22 PM IST

Malaysian Law of One Parent Consent for ChildsReligious Conversion Draws Major Criticism

Malaysia's new bill that says the consent of one parent is enough for the religious conversion of a

child has drawn opposition from various groups of the country.

The amendments put forward in the Malaysian parliament of one parent consent for conversiongoes against the 2009 government legislation which clearly stated both parents' approval is amust for the mentioned process.

However, the Malay-language text of the law has mentioned that the approval of "mother or fatheror guardian" is enough for the conversion of a minor, who is below 18, drawing criticisms fromseveral quarters.

Inter-faith group, Malaysian Consultative Council Of Buddhism, Christianity, Hinduism, Sikhismand Taoism said in a statement, "Any conversion of a minor by a single parent will cause seriousinjustice to the non-converting parent and the children of the marriage. Such conversions are notonly unconstitutional but are morally and ethically wrong."

For the nation known for its diverse culture, ethnicity and religion, the issue of religiousconversion is a very sensitive one since the state religion is Islam, which is about 60 per cent ofthe population.

Malaysian Bar Council voiced its concern that, "the unilateral conversion of minor children to anyreligion by a parent, without the consent of the non-converting parent, is contrary to ourconstitutional scheme."

Even though the proposal is yet to be passed, according to legal experts, there is a higher chanceof it being approved since the proposal was a move from the government itself and thus holdsmore ground.

However, no government officials came out with any statements with respect to the newproposition.

If Malaysia manages to pass the new bill, it would be a major revamp for the decade-old existinglaws and be a cause of concern for the inter-religious couples since a non-Muslim parent is notentitled to the custody of converted children as applicable under the Sharia laws of Islam.

Agence France-PresseJune 28, 2013 08:32

Malaysian groups slam one-parent conversion law

Malaysian groups on Friday slammed an Islamic law enabling one parent to give consent for thereligious conversion of a child, a contentious issue in the Muslim-majority country.

In 2009, the government said existing legislation would be amended so that children's conversionrequired the consent of both parents.

But amendments put forward in parliament this week retain a provision that a minor below 18 canconvert to Islam if "his parent or guardian" consents.

The Malay-language text of the new law says the consent of "mother or father or guardian" isrequired.

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Interfaith group Malaysian Consultative Council Of Buddhism, Christianity, Hinduism, Sikhism andTaoism said in a statement that the Federal Territories Bill -- effective for the capital KualaLumpur -- was unconstitutional and should be withdrawn.

"Any conversion of a minor by a single parent will cause serious injustice to the non-convertingparent and the children of the marriage," it said. "Such conversions are not only unconstitutionalbut are morally and ethically wrong."

The Malaysian Bar Council also said that "unilateral conversion of minor children to any religionby a parent, without the consent of the non-converting parent, is contrary to our constitutionalscheme".

Government officials could not immediately be reached for comment.

It was not clear why the government has proposed the amended bill now, but lawyers said itcould be part of a general overhaul of the decades-old law.

Parliament still has to approve the new law, but Prime Minister Najib Razak's coalition has themajority and legal amendments proposed by the government usually pass.

Conversion is a sensitive issue in Malaysia, where around 60 percent of 28 million people areMuslim Malays, with sizeable non-Muslim ethnic Chinese and Indian minorities.

Conversions of children and "body-snatching" cases -- where Islamic authorities tussle withfamilies over the remains of people whose religion is disputed -- have raised tensions in pastyears.

Under Sharia law, a non-Muslim parent cannot share custody of converted children.

Non-Muslims also complain that they do not get a fair hearing when such cases end up in thereligious courts set up to administer civil matters for Muslims.

jz/jsm/lm

Respecting our childrens freedom-

Amar SinghJULY 02, 2013

I want to thank every media or editor that has spoken up against the proposal by our

government to introduce a law allowing one parent to change their childrens religion. It

shows the courage of that media/editor and expresses the opinion of the majority of

Malaysians. This attempt by the government to introduce such a law is a violation of the

basic human rights of any individual and shows how little they respect the fundamental

freedoms of our children.

The United Nation Convention on the Rights of the Child (UNCRC) has been available since

1989 and signed by our Malaysian Prime Minister in December 1994. The UNCRC outlines

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the basic rights that should be accorded to any child. The fact that Malaysia is signatory

underlines that the government of Malaysia is committed to uphold these fundamental rights.

When countries ratify the Convention, they agree to review their laws relating to children.

Article 3 of the UNCRC clearly states that the best interests of children must be the primary

concern in making decisions that may affect children. And that all adults, including thegoverning body of the country, should do what is best for children. This clearly includes

policies and laws.

Article 14 speaks about the freedom of thought, conscience and religion. To quote Children

have the right to think and believe what they want and to practise their religion, as long as

they are not stopping other people from enjoying their rights. Parents should help guide their

children in these matters. The Convention respects the rights and duties of parents in

providing religious and moral guidance to their children. Religious groups around the world

have expressed support for the Convention, which indicates that it in no way prevents

parents from bringing their children up within a religious tradition. At the same time, theConvention recognises that as children mature and are able to form their own views, some

may question certain religious practices or cultural traditions. The Convention supports

children's right to examine their beliefs, but it also states that their right to express their

beliefs implies respect for the rights and freedoms of others.

This article acknowledges that it is our inherent right to choose what we want to believe in

and this is in line with all religions of the world. No religion practises compulsion, only its

misguided followers do so.

Every human being, child or adult must be given the freedom to choose what they want to

believe in. To remove this is a breach of our fundamental freedoms. That we have laws

prohibiting adults to choose their faith is unbelievable. To impose this on children without

their choice is unthinkable.

No child, parent or professional of any religious persuasion I have spoken to in the past few

days have disagreed with this. It is unthinkable that anyone can choose my job, marriage

partner or even my next meal without my permission. But here we are, allowing one parent to

make a decision on our most important choice in life. The truth is that neither parent should

choose, the individual should do so when they are mature enough and also be allowed to

change their choice later in life.

Article 4 of the UNCRC speaks of the responsibility of the government to take ALL available

measures to make sure childrens rights are respected, protected and fulfilled. Governments

are obligated to help families protect childrens rights and create an environment where they

can grow and reach their potential.

If the government introduces this law, it will violate the heart of the United Nation Convention

on the Rights of the Child. It will announce to the whole world that Malaysians are willing to

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trample on the basic rights of every child in the country. It will clearly show we do not respect

our children as thinking individuals and are prepared to treat them as objects. This law is

NOT in the best interests of children, which must be our primary concern.

Article 12 & 13 of the UNCRC speak about respecting the views of children when making

decisions that affect them and as well as ensuring they have freedom of expression. I ask allMalaysians who respect children to uphold their fundamental freedoms. In our society where

those in authority seldom listen to or consult children, let us collectively be their voice to

oppose this injustice. I appeal to all Malaysians elected to public office to defeat this unjust

legislation and place the interests and rights of our children at its rightful place.

*Datuk Dr Amar-Singh HSS is a Senior Consultant Community Paediatrician and reads

The Malaysian Insider.

MIC wants religious conversion for minors banned entirely

JULY 02, 2013

MIC president Datuk Seri G. Palanivel said that religious conversion for those under 18 years

should be banned entirely. AFP picPETALING JAYA, July 2 Religious conversion forthose under 18 years should be banned entirely, MIC president Datuk Seri G. Palanivel

said today as he joined the bipartisan show of disapproval against the new law permitting

unilateral conversion of minors to Islam.

The Cameron Highlands MP said the proposed changes to Section 107(b) of the Administration

of Islam (Federal Territories) Bill 2013 should be further amended to forbid any parent from

arbitrarily converting his or her child.

(If) any child (is) below 18 years, a single parent cannot convert him or her. It will become a

problem.

We will suggest that we need a slight amendment, that there should be no conversion for those

under 18 years. No problem for those above 18 years, he was quoted in news portal

Malaysiakini as saying at a press conference today.

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The controversial amendment which was tabled last Wednesday has since invited heavy criticism

from all quarters, including those in the ruling coalition Barisan Nasional (BN), federal opposition

Pakatan Rakyat (PR) and civil society.

PKR vice-president Nurul Izzah Anwar said earlier today that a PR joint committee has been

formed to study the law that was tabled in Parliament last Wednesday.

Several non-Muslim government leaders have also openly condemned the Bill as unconstitutional

and called on both BN and PR MPs to oppose it.

Deputy Prime Minister Tan Sri Muhyiddin Yassin, however, defended the Bill yesterday, arguing

that the proposed amendment was done according to existing laws.

But the Umno deputy president noted that the government will take into consideration all views

given on the matter and Datuk Seri Jamil Khir Baharom, the minister in charge of Islamic affairs,

will be issuing a statement on the controversy soon.

Health Minister Datuk Seri Dr S. Subramaniam suggested earlier today that a translation error

was at the centre of the religious row.

Dr Subramaniam reportedly said that the Malay version of section 107(b), which states the

conversion of a minor requires the consent of a parent or guardian, was not in line with the

English version.

The MIC deputy president noted that the Malay version translates the word parent to ibu atau

bapa (mother or father).

Dr Subramaniam, who is the Segamat MP, also said he did not think that the Bill would be

presented for voting in Parliament.

The Bar Council pointed out the translation error in a statement last week after the countrys

largest non-Muslim faith group censured the proposed law.

Both the Bar Council and the Malaysian Consultative Council Of Buddhism, Christianity,

Hinduism, Sikhism and Taoism (MCCBCHST) the umbrella body of Malaysias non-Muslim

creeds had said the Bill, which aims to broaden the definition of parental consent in the

conversion of children under the age of 18 to mean either instead of both parents, was

unconstitutional.

Custodial tussles in cases of unilateral child conversions have been a growing concern over theyears and provide a high-profile glimpse of the concerns of Malaysias religious minorities over

the perceived dominance of Islam in the country.

It also highlights the complications of Malaysias dual legal systems where Muslims are bound by

both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims.

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In 2009, then Minister in the Prime Ministers Department Datuk Seri Nazri Aziz said the

government will ban the unilateral conversion of minors to Islam, in an attempt to assuage

concerns among religious minorities in the Muslim-majority country.

But cases since then, such as that of a Hindu mother in Negri Sembilan who discovered in April

her estranged husband had converted their two underage children to Islam after he had done so

a year earlier without her knowledge, illustrate the lack of adherence to the ruling.

- See more at: http://www.themalaymailonline.com/malaysia/article/mic-wants-religious-

conversion-for-minors-banned-entirely#sthash.LXOH6bK7.dpuf

Vote against 'conversion' Bill, MCA MPs toldARCHIVES 2013

Saturday, 29 June 2013 Super Admin

M. Indira Gandhi's children converted to Islam by her husband without her permission

(fz.com) - An MCA leader has called on the party's MPs to vote against the Administration of the Religion of

Islam (Federal Territories) Bill in the Dewan Rakyat because of the inclusion of a controversial provision on

conversion.

The provision allows a child to be converted to Islam with the consent of only one parent.

"I implore on all our seven MCA MPs to vote against this Bill," said MCA central committee member Loh

Seng Kok.

"Better yet, I urge all the seven MCA legislators to corral the MPs from other political parties irrespective of

political coalition to put forward a collective voice against this clearly one-sided Section 107(b)," Loh said in

a statement today.

He added that he may raise this issue at the central committee "to reaffirm our party's official stand against

unilateral conversion of minor children by one parent".

The Bill was tabled in the Dewan Rakyat for its first reading on Wednesday.

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Loh, who is also MCA deputy publicity chief, said Section 107(b) appears to undermine Article 12(4) of the

Federal Constitution which reads that "the religion of a person under the age of 18 years shall be decided by

his parent or guardian".

He noted that the need for both parents' consent is reinforced in Article 160(1) of the 11th Schedule which

says that "words in the singular include the plural, and words in the plural include the singular".

Also, Article 8 states that "there shall be no discrimination against citizens on the ground only of religion".

Further Article 12(4) also provides that for the purpose of Clause (3), the religion of a person under the age

of 18 years shall be decided by his parent or guardian.'

"MCA re-emphasises that if a religion of a minor child is disputed, the minor's faith remains as status quo at

the time of his birth until he reaches the age of maturity which is 18 years," said Loh.

"On a deeper realm, besides running ultra vires the Federal Constitution, Section 107(b) in the Bahasa

Malaysia version calling for 'ibu atau bapa or penjaga' appears designed to undermine the Federal

Constitution and trap non-Muslims into conversion issues," he added.

Loh noted that in 2009, the Cabinet had decided that if either spouse were to convert to Islam, the children

should follow the faith that the parents had agreed on at the time of marriage, or implied by their common

religion.

"I implore on the lawmakers to mandate this decision into a law be it in the Federal Constitution, Law Reform

(Marriage and Divorce) Act 1976, Child Act 2001, Guardianship of Infants Act 1961 (revised 1988).

"Separate incidents have shown that as the Cabinet decision is not etched in law, one parent has rushed

his/her minor child(ren) to religious authorities who duly converted them without informing the spouse - this

going in direct conflict against the Cabinet decision," he added.

YOURSAY'Being in BN does not mean you support unjust laws. It's time for allrighteous MPs to make a stand.'

MCA leader tells party MPs to vote against conversion bill

Dont Just Talk: Do what is right, MCA, and break ranks with Umno if you must. BNis just a showpiece, with big brother Umno calling the shots.

If MCA, MIC and Gerakan continue with their past practice of remaining quiet relating

to forced conversion of minors to Islam, the parties deserved to be 'kubur' (buried)by their communities.

Malaysiawatch4.blogspot: Yes, being in BN does not mean you support unjust

laws. It's time for all righteous MPs to make a stand.

Swipenter: It is blatant that some are making use of religion to take custody of the

children when their marriage fails, and now aided by some Muslim politicians who aretaking advantage of this to further their goals and to erode the rights of non-Muslim

parents.

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Now is the time for MPs to vote with their conscience rather than along partisan lines

as the proposed bill is clearly one-sided, unjust and against the constitution.

Kamikasi: Sadly, the authorities does not respect these words of wisdom: Do not dounto others what you do not want others to do unto you.

Remember the episode of Natrah (Maria Hertogh), the Dutch girl who was reunitedwith her biological parent? Malaysians, especially Umno members, armed themselves

to the teeth to condemn the mother, fearing Natrah would reconvert to another

religion.

I think we should all learn from this. The sin lies with the party that converts a minorby force. I believe any right-thinking person will understand the pain of a mother.

What happens when the child becomes an adult and turn to his/her religion of birth?

Are you going to condemn him/her? Can't we be civilise and respect the rights of achild or adult in his or her chosen spiritual path.

DontPlayGod: The MPs, who have just been sworn in, promised to uphold theconstitution. But then the majority of them are Muslims, and Malaysia is headingtowards the complete Islamisation of the country.

This is only one of the many steps taken in that direction. Umno has turned the

constitution upside down for decades.

Joe Lee: No, no, no, MCA central committee member Loh Seng Kok, you aresupposed to be pro-BN, regardless of how bad it is. You should continue as before.

We want MCA to reach its logical destination - final death, with no resurrection.

Anonymous$&@?: See? Better that MCA is not in the cabinet, at least they are

seen doing something for the common good, rather than being a lap dog for Umno.

Apapunboleh: Hasn't the MCA realised that it has been in bed with the Satan allthese years?

Cabinet urged to wait on new conversion law

Kamaapo: This is the time Pakatan Rakyat Muslim MPs, especially from PAS, toshow what the true teachings of Islam. Will they respect the civil and human rights

of the minorities in this country?

Or will they be just callously oblivious to it like Umno, devoid of any basic empathy

for others just because they wield brute power?

WhatIwant: The Muslim holy month is approaching and this issue should not be

brought up now. I believe it's a time to reflect and strengthen our religious values.

Hplooi: Any party or individual who is part of this government is contributing to theslow demise of this nation as a multi-racial, multi-cultural, secular and representative

democracy.

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OMG!!: Upko, MCA, MIC don't just talk. Pull out from BN and there will not be anymore of this bullying and insensitivity to other races and religions.

For too long you have been rendering credence and legitimacy to this evil regime.

Senior: With a party whip; who in BN will dare to vote against it?

Hearty Malaysian: This is a political move by Umno to destroy Pakatan, hoping PASwill support the bill in the name of Islam.

The way the bill is brought forward right after GE13 is to punish the non-Muslims forbacking Pakatan, and telling MCA, MIC and Hindraf and the rest of non-Muslim BN

components to toe the line.

My4Hope: Pakatan, especially PAS, please act in a just and constitutional way.There are lines can't be crossed, and this is one of them.

Conversion bill anti-national reconciliation, says MCA

Holden: This is a purely political move. Umno needs to consolidate its voter base.Does anyone believe that faith has anything to do with this?

Jbsuara: How many parent/s maketh a child? Two, or more if you include

grandparents. It doesn't make any sense that only one parent can make this solemnand life-changing decision. Excluding the other parent is not fair.

Odin: MCA vice-president Gan Ping Sieu, your party has been subservient,

sycophantic, servile to Umno Baru for many years. Whose fault is it?

Aries46: So Deputy Minister P Waythamoorthy, happy now? This is why you were

calling out to the Indians to give two-thirds majority to the Umno government?

If this bill legalising the unilateral secret conversion of non-Muslim minors by one

parent is passed, you in particular among all the other traitors to the race andreligion, will bear the highest scorn and despise from the Indian community.

June 15, 2013

Will non-Muslim parents get justice, interfaith panel

asks Putrajaya

Filed under:Politics Hornbill Unleashed @ 12:00 AM

TMI

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Nazri previously announced a federal ban on ban the automatic conversion of minors

to Islam.

Malaysias leading non-Muslim interfaith council demanded today the federal

government answer if it had reversed its 2009 stand on child conversions to Islam, in

the wake of a recent case in Negri Sembilan that may reignite the simmering

religious tensions within the country.

The latest case of S. Deepa, a 29-year-old Hindu mother from Jelebu who learnt in

April her estranged husband had unilaterally converted their two underage children

to Islam after he embraced the countrys main religion over a year ago, had moved

the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and

Taoism (MCCBCHST) to censure the authorities for what it perceived to be injustice

towards non-Muslims.

Was the Cabinet decision in April 2009 a flash in the pan to pacify non-Muslim

Malaysians because of the numerous cases of such gross injustice? the MCCBCHST

asked in a statement signed by the leaders representing five of the countrys six

main faiths.

In April 2009, Minister Datuk Seri Nazri Aziz announced the government will ban the

automatic conversion of minors to Islam, in a bid to quell unease among religious

minorities in mainly Muslim Malaysia.

Then the de facto law minister, he had said minors were to be bound by the common

religion of their parents while they were married even if one parent later becomes a

Muslim

We have to resolve this once and for all. I dont think we should be deciding on apiecemeal basis every time a conversion issue crops up, Nazri said in a news

conference then. We have decided on a long-term solution because we expect more

cases will occur, being a multiracial country.

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Islam is the religion of over 60 per cent of Malaysias 28 million people and its

followers are bound by Syariah as well as civil laws that apply to non-Muslims.

In its statement today, the MCCBCHST demanded Putrajaya answer if the Cabinet

decision announced shortly after Datuk Seri Najib Razak replaced Tun Abdullah

Ahmad Badawi as prime mimister carried any weight at all, or if civil servants

were given free rein to enforce the law as they saw fit.

The MCCBCHST did not explain its question but it appears to follow on the heels of

the remark by Negri Sembilan Islamic Affairs Director Datuk Johani Hassan, who

reportedly said only one parents consent was needed to convert a child to Islam.

The law does not say that we need the consent of both parents before we can

convert their children.

When one parent embraces Islam, the children can be automatically converted, he

was quoted as saying by The Star Online in its June 9 news report.

MCCBCHST also demanded to know if conversion cases would be adjudged fairly by

the civil courts, which it says is the proper platform to decide on such issues as non-

Muslims have no legal standing in Syariah courts, which is where Islamic authoritieshave persistently argued for the matters to be heard.

The council reminded the authorities that the countrys highest judicial level, the

Federal Court, had been seen to have abdicated its responsibility in addressing the

issue when it had the chance to do so in 2010, when another Hindu mother, S.

Shamala, had challenged her estranged Hindu-turned-Muslim husbands conversion

of their two young children.

A five-man panel led by the then-Chief Justice Tun Zaki Azmi had unanimously

dismissed Shamalas bid to raise her two children in the religion they grew up with,

on the grounds that the mother was not in the country.

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The 5-0 ruling effectively dealt a hard blow to the battle to end one-sided religious

conversions, which has caused a deep rift in this multicultural and secular nation but

where Islam is recognised as the official creed.

MCCBCHST also asked if the Islamic authorities would respect the decisions of the

civil courts and if the police would enforce such rulings in favour of the religious

minorities.

Will the non Muslim parent get justice? the religious leaders asked.

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Respecting our children’s freedom