
The amendments included a new provision in regard to the religion of the child, with Section 88A(1) stating that if a parent converted to Islam, the religion of the children would remain the same unless both parents agreed to the conversion of their children.
However, the government withdrew the bill on Monday, with a new bill minus the clause preventing the unilateral conversion of children, presented for debate at the Dewan Rakyat tonight.
Speaking during the debate on the 2017 bill, Kula said promises had been made and broken on the issue of unilateral conversion.
“When I brought the issue to the Dewan Rakyat, a committee made a decision. They made a ruling that despite a parent converting to Islam, the child’s religion would be maintained as per status quo.
“That was the promise made. This was believed by all because the highest cabinet body made the decision.
“You led Indira Gandhi and her children to believe in the amendment. You have sinned against them.
“Indira’s daughter is 19. She is sitting there, crying. Is she a Hindu or a Muslim?” he said, pointing to Indira and her eldest daughter who were seated in the Dewan Rakyat.
“Would you allow this to happen to your daughter?”
He said by right, the government’s word should be its bond but instead, it was “rubbish”.
“How can you face the Malaysian public when the cabinet makes such a toothless ruling?” he added.
He said the government had made a pledge to the nation to make changes to the law on unilateral conversion. However, he claimed it had failed and misled the public on the issue.
Indira’s former husband, K Pathmanathan, converted to Islam on March 11, 2009, taking the name of Muhammad Riduan Abdullah.
He left the house three weeks later with their youngest child.
On April 2, 2009, he converted all three of their children to Islam without their knowledge and presence, and without Indira’s consent. He went to the Shariah Court several days later to obtain custody of them.
Indira’s eldest daughter, Tevi Darsiny, is now an adult at 20 while her brother, Karan Dinish, turns 19 in October. They are old enough to decide on their own faiths.
However, the location of nine-year-old Prasana Diksa remains unknown.
In April 2009, the cabinet decided that in cases where one parent chooses to convert to Islam, the children must continue to be raised in the common religion at the time of the marriage. However, this has yet to be made into law.
Kula said the government’s claim that it would be unconstitutional to amend the act showed that it was running away from reality, and that there was no need to amend the constitution.
Addressing the floor at the Dewan Rakyat, he said in 1957, the word “parent” had referred to both parents, but in 2002, the term was taken to mean only one.
“It was changed due to the little Napoleons in the country.
“We are letting them loose,” he said, adding that Parliament had gone back on its word despite giving its assurance on the issue.
He said the decision to withdraw the bill showed a lack of political will from the government to make a decision on a child’s religion when one of the parents converts to Islam.
The Law Reform (Marriage and Divorce) (Amendment) Bill 2017 was passed through a voice vote at 12.50am Thursday after heated exchanges between Barisan Nasional and Pakatan Harapan MPs.
Minister in the Prime Minister’s Department Azalina Othman Said said the law urges those who convert to Islam to face the civil courts if they want to dissolve their marriage.
“They should be jantan (man) to face it,” she said.
Under the amended act, a Muslim convert whose civil marriage is not dissolved will have the same right as his or her non-Muslim spouse to file for divorce in a civil court.