Its president George Varughese said they must include the introduction of appropriate amendments to the Law Reform (Marriage and Divorce) Act 1976 to provide that both parents must consent to any change of religion of a minor child.
In a statement, he said the amendments should be initiated at the next Dewan Rakyat session scheduled in March.
“The Malaysian Bar stands ready to assist in this matter,” Varughese said.
“The unilateral conversion of minor children to any religion by a parent who has converted, without the knowledge or consent of the non-converting parent, creates social injustice, violates the rights of the non-converting parent, and is contrary to our constitutional scheme.
“Accordingly, such unilateral conversion of minor children is unconstitutional, illegal and void. Any legislation inconsistent with this principle is thus unconstitutional and must be amended,” he said.
In a landmark decision yesterday, the Federal Court set aside the conversion of Indira’s three children after ruling that any conversion of non-Muslim children must get the consent of both parents.
The court also decreed that only the civil court would decide on such matters.
Varughese said the Bar was heartened by the decision to “right a gross injustice” since the government had not acted decisively to use the legislative process to resolve the controversy.
“In upholding the supremacy of the Federal Constitution, the Federal Court held that the civil courts are the sole guardian of constitutional rights with the ‘power to review the lawfulness of executive action’,” he said.
He noted that Justice Zainun Ali, in delivering the judgment, said the civil courts’ power of judicial review could not be taken away or changed by Parliament by amending the Federal Constitution.
“Therefore, bodies other than the High Courts cannot be conferred with judicial power,” Varughese said.
The ruling put an end to a nine-year interfaith custody battle after Indira’s ex-husband Muhammad Riduan Abdullah, who converted to Islam, also converted their three children without Indira’s knowledge in 2009.
Riduan had then taken away their youngest daughter Prasana Diksa, then 11 months old.
Indira’s eldest daughter Tevi Darsiny, now 21, was 12 at the time, while her son Karan Dinish, 20, was 11 when their religious status was changed from Hindu to Muslim.
The youngest daughter, Prasana, who turns 10 this year, is believed to be still with her father.
Yesterday’s decision means the conversion certificates of the three children are null and void.
Varughese said that the Bar also urged the police to act swiftly to locate Indira’s youngest daughter Prasana.
“The child must be reunited with her mother without further delay,” he said.
Mufti says court ruling against Islam’s constitutional status