Nai’m said he instructed Jakim to bring the matter to the panel so that it can look into matters involving the registration of converts to Islam, so that they can be harmonised with existing laws.
The special committee headed by former chief justice Zaki Azmi had been tasked with studying the competence of state assemblies to enact Islamic laws.
The minister’s directive follows the Court of Appeal’s unanimous decision on Wednesday to reverse the conversion to Islam of the children of single mother Loh Siew Hong four years ago.
The court overturned a High Court ruling that the unilateral conversion of her three minor children to Islam in Perlis was constitutional.
Instead, the appellate court said it was bound by a Federal Court precedent in the Indira Gandhi case, that conversion of minors requires the consent of both parents.
Na’im said the religious affairs unit of the Prime Minister’s Department respected the appeal court decision. “I believe the judgment is based on knowledge, experience and wisdom of the honourable judges, guided by the provisions of the Federal Constitution, in finding a solution best for the benefit of all parties, whether Muslim or non-Muslim,” he said.
Na’im said eight states currently require the permission of only one parent to convert their child to Islam, namely the Federal Territories, Melaka, Sarawak, Negeri Sembilan, Perak, Kedah, Terengganu, and Perlis.
The five other states – Penang, Sabah, Selangor, Johor, and Pahang – require the consent of both the father and mother for a child to embrace Islam.
Kelantan’s state law outlines the procedures for someone to convert to Islam but it does not have any specific requirements for children.
In light of the decision on Loh’s case, he urged Malaysian Muslims to remain calm and refrain from making comments that could lead to disunity.
Loh’s children were unilaterally converted to Islam by her ex-husband Muhammad Nagahswaran Muniandy in Perlis in 2020.
She took the matter to court, seeking a declaration that a provision in the state enactment allowing a parent to unilaterally convert minor children was unconstitutional.
She also sought a declaration that her twin daughters, aged 15, and son, aged 12, were still Hindus.