‘Revoke controversial clause of Islamic Bill’

The provision under Clause 107B is fundamentally unjust as it denies the rights of one parent, says Senator Paul Low.

PETALING JAYA: Minister in the Prime Minister’s Department Paul Low has called for the Administration of Islamic Law (Federal Territories) Act Amendment Bill 2013 to be amended by revoking Clause 107B.

“The provision under Clause 107B is fundamentally unjust as it denies the rights of one parent on the welfare of his or her children, and the children are also denied the protection of their right to receive guidance from both parents as to their well-being,” he said in a statement today.

The Bill which is being tabled at the Dewan Rakyat allows unilateral conversion of the religion of a minor by one parent.

Clause 107B states that a non-Muslim can convert to Islam if he is of sound mind, and if he has not attained the age of 18 years, and the mother or father or guardian consent to the conversion.

Low added that the clause provides an avenue for one parent to conveniently bypass due process of the law to gain custody of the children in the case of a family dispute.

“A responsible society cannot support an unrighteous law. It should uphold social justice,” he said.

Meanwhile, MCA president Dr Chua Soi Lek expressed his party’s objection to the tabling of the Bill as it infringes the rights of the non-Muslims.

“The Bill is seen as an infringement of rights of the non-Muslims and although MCA no longer holds position in the Cabinet, we will still ensure the Chinese community’s interest is secured and maintained,” he said.

He however expressed his confidence that Prime Minister Najib Tun Razak and Deputy Prime Minister Muhyiddin Yassin will consult all Barisan Nasional (BN) component parties because of the strong objection from MCA and MIC, as well as the public.

“I hope that the government will re-look into the Bill and obtain feedback from all relevant parties before making any further decision.

“Public consultation is crucial before deciding on any policies that will affect the nation,” said Chua.

Since the Bill was tabled in Parliament last week, critics have cried foul because it means seeking the consent of either parent instead of both – a move deemed to be unconstitutional and contravening the Cabinet’s prohibition.

Change occurred when Act was gazetted

Meanwhile DAP veteran leader Lim Kit Siang said a minor but far-reaching change had been incorporated into the 1993 Administration of Islamic Law (Federal Territories) Act by the time the Act was gazetted later that year.

Lim said today that when the Act was debated in the House in 1993, Section 95(b) allowed for unilateral conversion of minors to Islam with the dual parental consent.

What was passed by Parliament in May 1993 on Section 95 in “Part IX – Conversion to Islam” stated (English and Bahasa Malaysia):

“95. For the purpose of this Part, a person who is not a Muslim may convert to Islam if he is of sound mind and –

(a) has attained the age of eighteen years; or

(b) if he has not attained the age of eighteen years, his parent or guardian consents to his conversion.”

“95. Bagi maksud Bahagian ini, seseorang yang tidak beragama Islam boleh masuk Islam jika ia sempurna akal dan –

(a) Mencapai umur lapan belas tahun; atau

(b) Jika ia belum mencapai lapan belas tahun, ibu bapa atau penjaga mengizinkan kemasukannya.”

However, when it was gazetted, Lim said there was a minor but far-reaching variation in its Bahasa Malaysia version:

“(b) jika dia belum mencapai umur lapan belas tahun, ibu atau bapa atau penjaganya mengizinkan kemasukannya.”

“There should be a full inquiry as to how such a minor but far-reaching discrepancy could occur between the passage of the bill by Parliament and the gazetting of the Administration of Islamic Law (Federal Territories) Act 1993,” he said in a statement today.