Minister in the Prime Minister’s Department Azalina Othman Said said in a statement on her Facebook that she believed the judges’ decision had taken into consideration racial harmony and the rights of the parents as provided under the law.
Azalina said the government had previously withdrawn Section 88A of the Law Reform (Marriage and Divorce) (Amendment) Act 2017 as it did not want to contradict provisions under the federal constitution and also the apex court’s decision on Article 12(4) of the constitution.
“In view of today’s court decision which overrides all previous decisions, I will bring the matter to the attention of the cabinet,” she said in the statement.
The landmark ruling today put an end to the interfaith custody battle that followed after Indira’s ex-husband, who is now known as Muhammad Riduan Abdullah, converted her three children without her knowledge in 2009.
The court also decreed that only the civil court would decide on such matters, and that the word “parent” in Article 12(4) of the Federal Constitution should be read as “parents”.
Azalina, however, took Indira’s lawyer M Kulasegaran to task over his accusations against the government.
“The Ipoh Barat MP, as the lawyer of the case, knows of the previous court decision which prevented the government from proceeding with the amendment to Section 88A of the Law Reform (Marriage and Divorce) (Amendment) Act.
“I had also said that there is a possibility the bill will be tabled again in the event the constitution is amended or the court’s decision changes the situation,” she said.
Azalina said all parties needed to understand the legal situation before issuing statements which could result in prolonged polemic.
Meanwhile, MIC president S Subramaniam said the party was pleased with the Federal Court’s decision in confirming that the consent of both parents was needed to convert a minor.
“By coming clearly on the interpretation of the word parent as to mean both parents, this landmark decision has brought to an end the confusion and uncertainty caused to the families faced by the problems of unilateral conversion,” he wrote in his Facebook.
He said the decision has brought to an end the hardship faced by mothers like Indira whose children were virtually snatched from their arms.
Subramaniam now hopes the decision, along with the other amendments to the law, will put an end to these “baby snatching” episodes and that the role of the civil jurisdiction in protecting the religious rights of non-Muslim families will prevail.
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