I’m sure we remember the cabinet directive which has no legal effect during the case of  Indira? Remember her? The husband ran away with her 11 months old baby. After that, we don’t hear anything now. What happened to her and her kids?

And just yesterday, we read about the proposed amendments aimed at solving the conversion problem.

While the MCCBCHST did not directly ask any questions on the amendments, the Gurdwara Council did. And must say, really respect them for highlighting this:

The Malaysian Gurdwara Council has called on the government to state whether it is sticking to the April 23 directive that both parents must consent to a child’s conversion .

If so why is this not reflected in the proposed conversion laws, asked the council today.

On April 23, the cabinet had announced:

• the religion of a child under 18 years of age would continue to be that at time of birth and one parent cannot convert the child unilaterally; and,

• the converted spouse cannot use his conversion to run away from his obligations under the Law Reform (Marriage and Divorce) Act, 1976, the law which have contracted their marriage.

However it was reported in the media on Tuesday, quoting a federal counsel of the Attorney General Chambers Mohamed Naser Disa, that the proposed amendment to Section 51(2) of the Law Reform (Marriage and Divorce) Act 1976 included a suggestion that the civil court not be empowered to determine the religious status of a child when divorce between a Muslim and a non-Muslim couple takes place.

“The court could also decide on the custody right as stipulated under the constitution, where either the father or mother could determine the religious status of the child. Hence, the parent who has converted to Islam need to register their child as Muslim,” Mohd Nasier was quoted to have said.

The Malaysian Gurdwara Council president Harcharan Singh today said that they strongly oppose any provision allowing unilateral conversion of a child.

“Hence we reject any such proposed conversion laws. We also strongly oppose and reject any amendment allowing a child to be placed in an institution and hence negating the presumption a child below seven is best left with the mother,” he said.

Even a day old child can be converted

Harcharan said this would mean that even a day old child can be converted to Islam unilaterally by a single spouse.

“We do not think any religion allows conversion of such minors. Even the Institute of Islamic Understanding Malaysia director-general Dr Syed Ali Taufik Al Attas had stated in a newspaper interview that “a child is deemed ignorant, cannot convert to Islam as the child does not understand the “Kalimah Syahadah” and cannot bear witness of his /her own free will and understanding.”

Harcharan said under Article 12 (4) of the federal constitution should be interpreted that a child can be converted only with agreement between both parents.

“If the law only provides that all that is needed is one parent’s consent for conversion to take place, then that would be unjust and undesirable,” he said.

Harcharan also said the Attorney-General should be working for all Malaysians and questioned why non-Muslim communities were being kept in the dark.

“The so called proposed amendments are being revealed only to one party. The other party who will be adversely affected is not being consulted or briefed, nor a copy of the proposed amendments given to them.”

“The cabinet should clarify whether the decision made on April 23 still stands. If it so why is this not reflected in the proposed conversion law?” Harcharan asked.

Tough questions for the authorities to answer. Why no transparency? Do they plan to just bulldoze the amendments and ignore any opinions/protests from the other groups? Or expect the other groups “to understand” and “look at the bigger picture”?

Not sure how this fits in the new tagline 1Malaysia. Doesn’t seem correct to me. Don’t tell me everything also need PM to step in and clarify!

Oh ya, where’s MIC ah? MIA again? They part of federal government, so surely will know something? Or were they too sidelined?