
Mujahid Rawa (Amanah-Parit Buntar) said if a child loses the care of a mother because of Islam, the matter needs to be re-looked.
“I don’t say the amendment is not right. At least there is an amendment, but the bill does not solve the problem,” he said while debating the Law Reform (Marriage and Divorce) Bill 2017.
On Monday, the government withdrew a new provision in regards to the religion of the child, with Section 88A(1) stating that if a parent converts to Islam, the religion of the children remains the same unless both parents agree to the conversion of their children.
A fresh bill was tabled yesterday without the clause on unilateral conversion.
Mujahid said political will was needed to solve the problem, which “should not destroy a family unit”.
“If a child is denied a mother’s love, the Dewan Rakyat is responsible,” he added.
“It is responsible to make sure that no matter what happens, whether a person converts to Islam or not, the family unit and the welfare of the child is important.
“What is the stand of Islam? We are running away from the problem as if there is no solution in Islam.”
He said the stand of the Fatwa Committee was that the child would follow the religion of the Muslim parent.
“There are progressive views where the status of the religion is decided by the child when he or she becomes an adult,” he said, adding that Clause 88A had that spirit.
“We cannot force a child to be a Muslim. Not knowing the love of the mother or father who is not a Muslim, that denies their rights.”
Meanwhile, Khairuddin Aman Razali (PAS-Kuala Nerus) said if a father was Muslim and the mother non-Muslim, the matter was clear.
“The child follows the father. In Islam, there is no disagreement on the matter.”
However, Mujahid said there was space to look into the matter without thinking that it would be against Islam.