Saying MCA Youth regretted the move, its vice chairman Nicole Wong Siaw Ting urged the government to retain Section 88A in the bill to prevent the “unscrupulous” unilateral conversion of minor children by a spouse who has converted to Islam.
“We hope that the recent government decision was not spurred by pressure from extremist groups nor was it for political purposes, as this announcement has once again dashed the hopes of non-converting spouses whose minor children were either snatched away by their Muallaf spouses in total contempt of court-ordered custody or converted without the non-converting spouse being informed.”
She feared failure to resolve the issue once and for all would see continued bitter custody disputes, with the parent who had converted to Islam seeking remedy from the Shariah Court, “whose judge shares the same faith”, and the non-converting spouse seeking relief from the civil court.
“Experience from Indira Gandhi’s case reveals that the police will not act to recover a snatched minor child, when there are conflicting custody awards by both the civil and shariah courts, nor make any attempt to search or arrest the Muallaf spouse who is in contempt of the civil court, despite court-ordered committal proceedings.
“Meanwhile, the non-converting spouse suffers in anguish over the prolonged separation away from the snatched child.”
Wong called on the federal government to emulate the Negri Sembilan state government which planned to add a clause to the Administration of the Religion of Islam (Negri Sembilan) Enactment 2003 compelling aspiring Muslim converts to resolve their family matters, including formally divorcing the spouse who refused to follow the conversion before embracing Islam.
She also called on the government to restore the original wording of the Federal Constitution “whereby Article 12 (4), which dealt with a proviso on determining the faith of minors requiring ‘ibubapa’, was changed in subterfuge in newer editions after 2002 to insert ‘atau’ – i.e. ‘ibu atau bapa’ – without going through parliamentary tabling or debates, but had permanently switched its original meaning and intent”.
She added: “MCA Youth reasserts our party’s longheld position that the religion of minor children must be decided by both parents – i.e. ibubapa – as enshrined in the Perlembagaan Persekutuan up to 2002.”
Wong said any marriage contracted by civil law should only be dissolved by civil law irrespective of the new faith of the convert.
“Our party’s position remains in line with the dropped new Sections 88A(1) and 88A(2) whereby when one spouse converts to Islam, the religion of the minor child shall remain the religion of the parents at the time their marriage was registered. The child may choose his/ her own religion upon attaining 18 years of age.”