Speaking at a press conference, Gooi said the problem of unilateral conversions would not be solved as long as the current laws governing the issue were not amended.

He was commenting on the government’s decision to set up a committee of four ministers to look into the issue following the recent Court of Appeal decision on the Indira Gandhi case.

“Setting up a committee to look into this problem is unnecessary as I am certain the government knows exactly what to do to solve this problem,” he said.

He suggested that Article 121 (1A) of the Federal Constitution be amended to make it clearer, especially in defining what matters come under the jurisdiction of the Syariah Court.

“In the case of Haji Raimi Abdullah vs Siti Hasnah Vangarama Abdullah, the issue was really about asking the court’s assistance to interpret whether administrative rules under a state enactment had been compiled with,” he said. “Unfortunately, the Federal Court decided the case comes within the exclusive jurisdiction of the Syariah Court.

“However, as rightly decided in the Court of Appeal by Hishamudin Mohd Yunus JCA, not all subject matters on Islamic law elements automatically fall within the exclusive jurisdiction of the Syariah Court.”

Gooi also suggested that Federal laws, such as the Guardianship of Infants Act and the Law Reform (Marriage and Divorce) Act, be amended to clearly provide that the upbringing of a child, including its religious upbringing, must be the responsibility of both parents.

“Let us be clear on the conversion point that the duty and prerogative to decide on a child’s religion lies with both and not one parent,” he said.

“The bottom line is that if the government disagrees with the Federal Court decision of Vangarama in interpreting Article 121 (1A) of our Constitution – and the government appears to do so by setting up this latest ministerial committee – then it is the logical thing for the government to use its power to propose in Parliament amendments to the law to correct this injustice.”