Where is the compassion?

Now the most insensitive and ridiculous development has taken place. The Federal Constitution is being ignored. Common sense and fairness to the non-Muslim mother is being thrown out the window. Muslim sensitivity takes precedence, as always in this country.

By Dato' Zaid Ibrahim

The Religion of Islam (Federal Territories) Bill 2013 was tabled in Parliament last week in what can only be described as a woeful attempt to address an old issue. When a non-Muslim couple decides to go their separate ways, a custody battle for their children usually ensues. If one parent (usually the father) had converted to Islam in the course of this relationship, then his Muslim right to custody becomes inevitable. As a Muslim, he automatically comes within the jurisdiction of the Syariah Court.  No Muslim court would then deny him custody—a clever move. Under this Bill, he would also be able to convert his child to Islam without his ex-wife’s knowledge as her consent would not be required.

The Cabinet had earlier decided that in such cases, the child’s religion should be the one he assumed at birth when the parents shared a religion, until he or she reaches maturity. The rightful thing to do is to stop one spouse from unilaterally converting the child. To accomplish this, the Federal Constitution needs to be amended so that under Article 12(4), the word “parent” means both husband and wife. This proposal was sent to a Special Committee headed by the Prime Minister himself, but this Committee refused to endorse the Attorney-General’s recommendations. The so-called leaders who sat on this committee were afraid of an Islamist backlash, but how being fair to all citizens can become a fearful decision escapes me.

Now the most insensitive and ridiculous development has taken place. The Federal Constitution is being ignored. Common sense and fairness to the non-Muslim mother is being thrown out the window. Muslim sensitivity takes precedence, as always in this country. You see, a law such as this does not apply to Muslims. Muslim spouses may quarrel and fight for custody, but neither of them could convert out of Islam. There is no mechanism in place that can even make that possible—apostasy for Muslims is punishable by death, in case you didn’t know. That means Muslim couples would have no interest in this new law. It would be non-Muslims who have to endure the pain.

Muslim Parliamentarians will feel that they are doing the religion a favour by supporting the Bill, and since it does not affect them why bother to ponder and reflect on its repercussions? The Barisan Nasional Parliamentarians who are non-Muslim will be disturbed and angry and may even cry foul, but their jobs and business interests will take precedence and they will, ultimately, do nothing. Conscience has no place in their decision making.

Dato’ Seri Anwar Ibrahim, the liberal Islamist, unfortunately misses the point on this hot-potato issue in the local political scene. He will take to the streets for indelible ink that proved not to be so indelible, but he will not do the same for freedom of religion and conscience. That leaves our non-Muslim citizens having to suffer in silence. This has somehow become part of the deal of living in a Muslim country that has clearly forgotten that Islam is a religion of compassion and kindness.