Group doubtful Muslim, non-Muslim mediation centre will work

Group doubtful Muslim, non-Muslim mediation centre will work

Interfaith council says the solution is for Putrajaya to push states to amend their laws to outlaw unilateral conversions.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism says Na’im Mokhtar’s suggestion was noble but mediation centres may end up complicating custody disputes. (Freepik pic)
PETALING JAYA:
Religious affairs minister Na’im Mokhtar’s proposition for a mediation centre to resolve child custody disputes involving Muslims and non-Muslims is noble but may not work in practice, an interfaith group said.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said mediation centres may complicate issues by delaying court hearings, while disputes could also be politicised.

On Sunday, Na’im said the mediation process, which should be informal, required a suitable platform for parties involved to resolve their differences out of court. However, he did acknowledge that the proposal needed further study.

MCCBCHST said that, as in the Federal Court ruling in the M Indira Gandhi case, “parent” in Article 12(4) will include the plural “parents” by applying the interpretation clause, so both parents must agree before a minor can be converted to Islam.

“If this constitutional position is followed, then there is no conflict to be resolved between the parents, Muslim or non-Muslim. Thus, there will be no need for a mediation centre.

“The problem arises because many state governments have laws to say that it only requires one parent to convert a child to Islam, which is clearly unconstitutional,” the group said in a statement, adding that the federal government needed to push the states to amend their constitutions accordingly.

“The remedy is very simple. The government has repeatedly said that it will abide by the Federal Constitution.

“Thus, all parties should follow the constitution in child custody disputes.”

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