Posts Tagged ‘conversion’

Interview with Indira Gandhi

April 16th, 2010
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Reproduced from Malaysian Insider article.

By Clara Chooi

Indira with her daughter Tevi (left) and son, Karan (right) at their home in Ipoh. — Pictures by Choo Choy May

KUALA LUMPUR, March 25 — Unlike most traditional Indian marriages, kindergarten teacher Indira Gandhi married K. Pathmanathan out of love.

Theirs was not the stuff of novels; it was just a run-off-the-mill high school romance that eventually resulted in an exchange of wedding vows.

What they did not know was that three children and 14 years later, their marriage would be torn apart by a highly-publicised inter-religious custody battle that, until today, remains unsolved.

In an exclusive interview with The Malaysian Insider in her home city of Ipoh recently, Indira vented her frustrations over the ambiguity of the country’s religious laws, and recalled the many trials and tribulations of the past year that had very nearly caused her to give up Hinduism just to keep custody of her children.

The drama, said Indira, actually began from the day after she and Pathmanathan became Mr and Mrs Pathmanathan. Once a doting boyfriend and first-love, Pathmanathan wasted no time in shedding his sheep’s clothing, she said.

“Shortly after we got married, he began to beat me. Over and over again. Most of the time over small, petty arguments,” she claimed. Her allegations cannot be independently verified and is not a subject of her legal case.

Indira, however, said she kept quiet about the beatings, not wanting to blow the problem out of proportion and praying daily that her high school sweetheart would soon return.

And so the couple moved on with their lives without much fanfare. In 1997, Indira gave birth to her first baby girl, Tevi Darsiny. A year later, a baby boy, Karan Dinish, joined the growing family.

The couple struggled through difficult years as financial problems eventually began to cause serious dents in their marriage.

“I took a job as a kindergarten teacher. My husband switched from job to job and we had to move around Malaysia quite a bit. I hardly got to see my family members, not even during Deepavali,” said Indira.

To top it off, she had to settle the household bills and take care of the children all by herself, as Pathmanathan was frequently on the road.

Indira claimed she had to put up with abuse and infidelity.

“Not only that… he began to have an affair with a Thai woman. I knew about it but what could I do?

“Even my children knew about this. Imagine what it felt like when my daughter came home one day and told me — `Amma, I saw daddy with another woman’,” said Indira.

Still, like many broken marriages, Indira and Pathmanathan stayed married for the good of the children.

It was in March last year that the real drama really exploded, she explained, barely a year after she had delivered her third child, Prasana Diksa, a chubby little baby girl who should have been the uniting factor in a disintegrating marriage.

“He came home that day, telling me he wanted to talk to me. When we got the chance, he told me `Why not we all become Muslims? Life would be easier, we would get better opportunities, money would come easier’. He said `Come to Kelantan with me, they will give us land’. I was shocked,” she said.

“I refused and so did my two older children. We fought and he got angry… he began to beat me. My daughter yelled at him, saying `Don’t you ever lay your hand on Amma’. He got angry with my daughter but he did not beat her. He is a very good father to them,” said Indira.

In the midst of the argument, she said, Pathmanathan grabbed 11-month-old Prasana and stormed off.

“The other two did not want to come with him so he just took Prasana,” she said.

Losing Prasana was just a harbinger of worse to come.

At the police station later, Indira was dealt with a stunning revelation — that Pathmanathan had already embraced Islam earlier in the month and had become “Mohd Ridzuan Abdullah”.

“I was shocked because he has always been the religious… he would even go with us to the temples on occasions,” she said.

It was the first mile of a long, bad road from that day onwards, said Indira.

Mohd Ridzuan had even converted all three children into Islam without the presence or knowledge of their mother, after taking the children’s birth certificates from the family home.

“He changed all their names and even informed their schools they were now Muslims,” she said.

It was then that Indira discovered the flaws in the country’s religious laws and just how sticky a custody battle could be when it involved a Muslim-convert and a non-Muslim.

With little choice in her hands, Indira was forced to take her struggle to the courts, and until today, her dilemma has not been solved.

She sought two things — that her children remain as Hindus and that she gets to keep custody of all three.

Since her husband absconded with Prasana, Indira has been living with her two older children in Ipoh.

To date, two conflicting custody orders have been granted to the couple — one to Mohd Ridzuan from the Syariah Court last April and one to Indira from the civil High Court on March 11 this year.

Which order should prevail, however, is still unknown as the country’s laws are silent on that matter.

Meanwhile, Indira’s application to seek leave for judicial review to quash the conversion of her three children to Islam has been set for April 3.

Indira contemplated embracing Islam, in order to be allowed to keep her children.

“I was happy when I was granted custody but yet a part of me also knew that the fight was far from over. I just wish that this never happened. I do not know why he has to do this. If he has found happiness in another religion, I do not care, go ahead with it, but leave the children out of it. I want my baby girl back…” she said.

Indira said that the last time she had caught a short glimpse of Prasana after a year-long separation was in January this year, when Mohd Ridzuan was ordered to bring the toddler to court to meet with High Court Justice Wan Afrah Wan Ibrahim.

Although she had been forewarned by her lawyers, the sight of her 21-month-old baby girl weighed down by a large tudung (Malay headscarf) had moved her to tears.

She voiced frustration at having missed out on so many firsts in Prasana’s growing years, like her first words, her first steps, and even her first birthday.

“I just missed so much… I missed so much. She was taken when she was just 11-months-old. I missed everything. She was such a pleasant child, very easy to care for and we all loved her. As a mother… and a kindergarten teacher, I see children everyday but I can’t see my own baby. Now, I do not know anything about her, how long her hair is, what she likes… I miss my child,” she said.

In fact, Indira said she had very nearly given up at one point and had even toyed with the idea of converting to Islam for the good of the family.

“It was my two older children who stopped me. My son said `If you want, you can go ahead. I do not want to be a Muslim’. He is a bold child… but my children were right… why should we convert?” she said.

She lashed out at the glitch in the country’s religious laws and condemned the government for not acting quickly on the matter.

To date, the government has given no indication on when it would amend the laws governing such religious conflicts.

Indira’s lawyer, M. Kulasegaran, recently said that he would bring the battle back to Parliament again soon, and blamed the legislative body for not moving fast to solve the deadlock.

In the meantime, Indira’s fight continues in the courts.

Today, the Ipoh High Court will hear Mohd Ridzuan’s application for a stay of the custody order granted by the civil High Court to Indira.

But the feisty 35-year-old said she was ready to do just about anything to win custody of her children, especially baby Prasana.

“There is no fight too difficult for me to handle, I will not give up, not surrender because my children’s futures are at stake here. I love them too much,” she said.

She said that she intended to fight this to the very end, even if it meant challenging the country’s 52-year-old system.

The system, Indira firmly added, may fail, but never the love of a mother for her children.

Inter Religious Understanding Committee coming soon

April 6th, 2010
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Not sure how this committee is going to function. I’m still waiting  for some numbskulls who will be protesting on the basis of some supremacy nonsense to start their drama.

Its good that the minister says committee should not be having politicians, but the chairperson herself is an ex-MP, so it doesn’t really seem to be politically independent. Probably need to get a declaration from the committee members that they are not members of any political party as first criteria. However, this is Koh Tsu Koon’s justification (guess we have to take it at face value):

Koh elaborated that Ilani was the right person for the job.

“She is a hajah. She is the former MP for Kota Bahru but she has not been active politically for quite a while. Very significantly, she has been in good personal contact with all the major religious leaders in the country.

The Star reported as inter faith committee (article title) when in fact its not:

“We don’t want to call it an inter-faith panel, but a special committee to promote understanding and harmony among the various faiths.

“The idea of the committee is for the members to hold informal dialogues, not on only one issue, but also matters such as inter-marriages, religious conversions as well as custody of children.

“The committee will exchange their views and we will get feedback and get a better understanding on religious issues,” he told reporters at the Parliament lobby on Tuesday.

Malaysiakini reports:

An ‘Inter-religious Understanding Committee’ is being set up under the National Unity and Integration Department to promote harmony between the different religions in the country, Minister in Prime Minister’s Department Koh Tsu Koon told Parliament today.

“It is a committee to promote understanding and harmony, straightforward. Purely leaders of various religions sitting together with the relevant government departments. Let the religious leaders with all their spirituality sit down and have a dialogue.”

Koh (left) said the committee would be chaired by Ilani Isahak, the former MP for Kota Bahru, and would comprise senior representatives from the Islamic Development Department (Jakim), the Institute of Islamic Understanding (Ikim) as well as from the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).

Koh said the special committee was not a rigid structure and was just a framework to provide an interaction and interchange of ideas.

If we take two representatives from each group/religion, then it should be 2 from Jakim, 2 from Ikim, and two each from Buddhism, Christianity, Hinduism, Sikhism, and Taoism for a total of 14 members. If one each, then its 7 in total. Or if “imbalanced” representation is used, then expect the number of people from Jakim+Ikim to be more than the total of others.

How about lesser known faiths like Bahaism, the indigenous people’s faith, Jainism, Judaism, Zoroastrianism etc?

So, would Indira Gandhi get her baby back? Would her children still be Hindus? Would converts who repent able to return to their original religion? Would there be a legal mechanism to monitor conversions? My expectation is for such a committee to “help” solve these kind of problems by providing the right inputs to cabinet, and I don’t think it will be wrong to assume that right-thinking Malaysians would expect the same. Anything less, and its would be just another empty talk and waste of tax payers money.

Indira Gandhi still hoping to get her children back

January 19th, 2010
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Indira Gandhi. Nope, not the deceased PM of India, but our own local famous person.

The two news below was reported way back in May 2009.

News 1: From Malaysiakini:

The kindergarden teacher who is embroiled in a legal battle to get custody of her one-year-old daughter from her converted husband, has finally reached an agreement at the High Court today which includes visiting rights to see her child.

MCPX

The agreement was reached after 150 minutes of proposing and counter proposing in the chambers of High Court 1 in Ipoh.

Indira Gandhi (left), 34, appeared relieved after the agreement was stitched with her estranged husband Mohd Ridwan Abdullah before judge Wan Afrah Wan Ibrahim in his chambers this afternoon.

However, Ridwan did not appear in court today. He was represented by a legal team of three lawyers led by Mohamed Haniff Khatri Abdulla, while Indira was represented by six lawyers led by Augustine Anthony.

Meanwhile, Perak Bar Council president T Shan held a watching brief for the legal body.

Temporary custody until court hearing

The court was to make a decision today on the contempt proceedings brought against Ridwan for the evasion of custody order dated April 24.

However, a compromise was reached between the two sides and a deal was struck whereby Indra will have temporary custody of her two older children – Tevidarsiny,12, and Karaudinish,11 – while Ridwan will have temporary custody of Prasana Diksa pending the Aug 20 court hearing on custody.

The agreement also states that the two older children will attend school without any interference from their father. Both Indra and Ridwan have visiting rights to see their respective children every fortnight at a place and time to be fixed later.

“I am so relieved that my two months of agonising wait for Prasana has come to a successful temporary agreement,” Indira told journalists outside the court.

When asked about the whereabouts of her husband who was reportedly to be in Singapore, she said, “I do not know but I received a mobile call from him during the court proceedings and he verbally abused me.”

Members of Muslim organisations as well as officials from the Perak Religious Department were seen in full force at the court today.

Their presence appeared to unnerve Indira’s family members and friends, who were clearly outnumbered by them.

News 2: The Star.

IPOH: After more than a month of separation, M. Indira Gandhi may finally see her one-year-old daughter within the next two weeks.

This came about after a High Court here Thursday agreed that the welfare of Indira’s three children should take precedence over the kindergarten teacher’s custody battle with her Muslim convert husband.

As such, although the interim custody order granted to Indira by another court on April 24 was still stayed, Justice Wan Afrah Wan Ibrahim agreed in chambers to a settlement proposed by opposing counsels to allow both parents visitation rights with their children.

According to Mohamed Haniff Khatri Abdullah, counsel for Indira’s husband Mohd Ridzuan Abdullah (formerly K. Patmanathan), the settlement permitted both parties to see their children at least once every two weeks.

Currently, the two older children, Tevi Darsiny, 12, and Karan Dinish, 11, reside with their mother while the youngest, Prasana Diksa, stays with the father.

“In the interim, the parties have worked out a situation in which status quo is preserved for the time being, until the court has the chance to listen to full arguments on the main application by Indira’s for custody.

”This means that the two older children remain with their mother and the youngest with her father but both parties can meet once every two weeks until the matter is disposed of in court,” said Mohamed Haniff, when met outside the courtroom here.

He added that terms of the settlement were not strict and would be discussed by solicitors from time to time.

Mohamed Haniff also said that the settlement was proposed to give respect to the two disputing parents and to be fair to the children.

As such, he said Indira’s counsels had also withdrawn their earlier contempt proceedings initiated against Mohd Ridzuan for failure to adhere to April 24’s interim custody order.

Justice Wan Afrah set July 20 to hear submissions on Indira’s main application for custody and Mohd Ridzuan’s application to set aside the interim custody order on grounds that the civil court had no jurisdiction to decide on the matter.

Indira’s counsel Augustine Anthony said that he was pleased with the new arrangement for at the very least, it gave Indira a chance to visit her daughter.

Since the 34-year-old was granted an interim custody on all three of her children, she had embarked on a wild goose chase across the city to locate her estranged husband and youngest daughter.

Despite police intervention and the distribution of over 5,000 posters bearing the faces of her husband and child, Indira still failed to find the two and has not seen them since last month.

And in August last year, this news appeared:

A woman challenging the conversion of her three children to Islam by their Muslim-convert father is seeking leave for a judicial review by the High Court here to quash two decisions handed down by the Syariah Court.

M. Indira Gandhi filed separate applications in the civil court earlier this month to quash her children’s conversion, her lawyer M. Kulase-garan said.

She is also seeking a judicial review to quash the Syariah Court’s decision to grant custody of her children to their father, Mohd Ridzuan Abdullah (formerly K. Patmanathan).

“The court has ordered the husband’s lawyer to file submissions on whether the High Court of Malaya has jurisdiction over the matter.

“If the High Court decides that it has no power, then it will not decide on all other issues,” Kulasegaran told reporters outside the High Court here yesterday.

He added that the High Court had set Sept 4 and Oct 20 to hear the submissions on each of the respective applications.

Meanwhile, Indira Gandhi’s application for custody of her children has been fixed for hearing on Nov 2.

Kulasegaran said that Justice Wan Afrah Wan Ibrahim, who heard the matter in chambers, expressed concern that the children had not seen their mother for months.

Today, this happened:

The Ipoh High Court has ordered both parents embroiled in a custody battle over three children to produce them in court when the hearing continues on Jan 22.

Kindergarten teacher M Indira Gandhi, 35, has filed three applications seeking custody of sons Tevidarsiny, 13 and Karan Dinish,12, and daughter Prasana Diksa, 2, following the conversion of her husband to Islam.

In April 2009, she claimed that her estranged husband Mohd Ridwan Abdullah, 41, previously known as K Patmanathan, had converted himself and the children without her knowledge.

Indira Gandhi also wants the conversion certificates of her children quashed, alongside the Syariah Court’s order awarding custody of the children to Mohd Ridwan.

Today, Justice Wan Afrah Wan Ibrahim heard arguments in chambers for about 90 minutes from lawyers representing Indira Gandhi before issuing the order for the children to be produced in court.

Indira Gandhi is represented by four lawyers – K Shanmuga, M Kulasegaran, D Laithaa and Sahri Azzat – while Mohd Ridwan is represented by three lawyers.

Both parents should have a say

Shanmuga submitted that both parents should have a say in the conversion of children below the age of 18, as stated in Section 5 of the Guardinship of Infants Act 1961.

Mohd Ridwan has been in hiding with the youngest child since Indira Gandhi sought police help to get the girl back. The elder children are with the mother.

Judicial Commissioner Ridwan Ibrahim had, on April 24 last year, granted Mohd Ridwan temporary custody of all three children.

Malaysia has a dual-track legal system, with the civil and the Syariah courts operating side by side on matters of family law.

Non-Muslims have previously claimed that they do not get a fair hearing when such cases are disposed of through the Syariah court system, as they have no locus standi to plead their cause.

Both Indira Gandhi and Mohd Ridwan were present at the court today.

So, its going to be one year, and still no solution in sight for the poor mother. ONE YEAR!

Brave questions by the Sikhs

November 26th, 2009
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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?

Banggarma saga continues while Masitah praises conversion!

November 25th, 2009
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She claims she said she was converted at the age of seven. The Welfare Department countered that her father converted her at the age of one! Now, which is which?

Her lawyer is demanding that the Welfare Department provide proof of their allegations:

Welfare Department director-general Meme Zainal Rashid should furnish evidence to substantiate her claim that S Banggarma was converted on Nov 30, 1983 in Rompin, Pahang.

Demanding this at a media briefing today, Banggarma’s lawyer Gooi Hsiao Leung pointed out that the conversion certificate dates the conversion at Dec 28, 1989.

“The Welfare Department now claims that she was converted by her Hindu parents when she was a year old. There cannot be two conversions into Islam for the same person,” he said.

Gooi chided Penang Islamic Affairs Council (MAINPP) president Shabudin Yahaya for saying that Banggarma, 27, is a Muslim and that her marriage to a Hindu is a legal issue.

He said the Welfare Department and Islamic authorities have failed to address the key question on the conversion of a minor by the administrators of the welfare home.

Section 80 of the Penang Administration of Islamic Affairs Enactment 1993 stipulates that anyone below the age of 18 shall not be converted to Islam without the consent of his or her parents.

Banggarma’s conversion, Gooi said, was illegal from the start.

“By converting her at (the age of seven), the Islamic authorities infringed their own law.”

Gooi hoped that MAINPP will assist Banggarma by expunging records of her conversion, so that the issue can be resolved amicably.

Banggarma, who was present, told reporters that her father had never mentioned anything about the 1983 conversion.

My father is a practising Hindu like me,” she said, showing a photo of her father with vibuthi (sacred ash) on his forehead. [not sure when the photo was taken though!]

He had enrolled her and three siblings – two elder brothers and a younger sister – at the home, after its welfare officers convinced him to do so, she said.

“He was shocked to hear that my siblings and I were converted to Islam in the welfare home,” Banggarma said, alleging that the four were then separated and have not met since.

Meme had told Malaysiakini yesterday that Banggarma, whose Muslim name is Siti Hasnah Vangarama Abdullah, was placed into the welfare home in Kepala Batas in March 1990 following a order under the Juvenile Courts Act of 1947, for her own protection.

Meme claimed Banggarma was found wandering aimlessly in Sungai Petani, Kedah.

Questioning this, Banggarma pointed to the conversion certificate which shows that she was converted in 1989.

“It’s a lie. The department is trying to cover this up,” said the mother of two.

… Her birth certificate shows that she was born on Aug 13, 1982 in Keratong, Pahang to plantation worker B Subramaniam and Latchumy Ramadu, both Hindus.

Describing herself as a staunch Hindu, Banggarma said she would fight till the end to restore her rightful identity.

“I was born as a Hindu, I live as a Hindu, I will die as a Hindu,” she said. [ahh..the famous quotes! I’m sure you have heard this before]

The Star reported Banggarma as saying below:

Banggarma claimed it would have been impossible for the 1983 conversion to have happened as her younger sister, who was five years her junior, was not even born then.

“Three of my siblings were placed in the welfare home along with me and we all have conversion certificates dated Dec 28, 1989. How could my father have converted us in 1983 when my sister was not even born?” Bang garma asked.

Err…tough question, that one.

But what really surprised (and angered me) is these words:

Mashitah said while it was commendable for the orphanage to take the initiative to preach about Islam and convert Banggarma to Islam, it was also its responsibility to teach her about the religion.

“It should be followed with the efforts to bring her up according to true Islamic teachings and way of life,” she said.

Its disgraceful to say the least!  I must say that its a blot to their religion from outsider’s (like me) point of view.

And rightly, questions are being asked on this irresponsible conduct of the Deputy Minister:

Women, Family and Community Development Minister Shahrizat Abdul Jalil was asked to clarify if it was government policy to convert young children, especially minors, into Islam while being under the care of government welfare homes.

PKR Kedah deputy youth chief Gooi Hsiao Leung said Shahrizat’s clarification was imperative following a controversial statement by Deputy Minister in the Prime Minister’s Department, Mashitah Ibrahim, who praised such conversions.

“Mashitah’s statement is scandalous and reckless. Shahrizat should take an immediate stand on it,” said Gooi.

He also wants Shahrizat to clarify whether Mashitah’s remarks were made in her personal capacity or from her official position in the Putrajaya administration.

Mashitah was quoted as saying it was commendable for the orphanage to take the initiative to preach about Islam and convert Banggarma to Islam and it was also its responsibility to teach her about the religion.

“It is shocking that a deputy minister had condoned conversion of young children living under the care of government run welfare homes,” said Gooi.

“Welfare homes’ primary functions are to provide care and protection to helpless abandoned children or where parents are unable to care for them until they turn 18.

It would be entirely outside the scope of their duties and a blatant abuse of their powers to convert young children’s religions, whether it is to Islam or to any other religion for that matter,” added Gooi.

He said Mashitah’s statement was also inconsistent with the remarks made by the Muslim Welfare Organisation of Malaysia’s secretary general Abdul Hamid Othman.

Abdul Hamid said it was inappropriate to convert a child before he or she reached 18, although the welfare homes can educate the children about the Islamic religion.

Gooi said as the minister in charge of women, family and community affairs, Shahrizat has a duty to explain the government’s religious policy to all Malaysians.

“It is of utmost public importance for Shahrizat to immediately clarify the government’s position,” he said

BTW, MCCBCHST’s president wrote in Malaysiakini on the council’s view:

The Malaysian Consultative Council of Buddhism, Christianity, Hindusim, Sikhism and Taoism (MCCBCHST) refers to the case of Banggarma Subramaniam, 27 (a.k.a. Siti Hasnah Vengarama Abdullah) who has said that she was converted to Islam at the tender age of 7. 

Banggarma says this was done by the welfare home, whilst the welfare authorities say it was done by her father. In any case, Banggarma has vigorously and categorically asserted that for most of her life, she has lived as a Hindu and that she is now a Hindu.

We object most strongly to the suggestion by the deputy minster for Islamic Affairs (as reported by the media on Nov19) that Banggarma must go to the Syariah Court to ascertain her status, a statement repeated by Welfare Department’s Director-General Meme Zainal Rashid. 

Penang Islamic Council President Shabudin Yahaya, meanwhile, stated that she will have to undergo the standard procedure to leave Islam and to undergo counseling.

We recall that Dr Syed Ali Tawfil Al-Attas, the director-general of Ikim, was quoted by the media on May 1, 2007 as saying that a child deemed ignorant cannot convert to Islam as the child does not understand the ‘kalimah shahadah’ and cannot bear witness to his/her own free will and understanding.

According to Article 11 of the federal constitution, every person is guaranteed the freedom to profess and practice his or her religion. 

It is our view that Banggarma, upon reaching the age of majority, should have the complete freedom to choose her own religion without having to go through any procedure or counseling

In some states, people deemed to be Muslims face possible terms of imprisonment and punishment for ‘apostasy’ or for ‘attempting to leave Islam’ or ‘insulting the religion of Islam’. This renders illusory their exercise of the freedom of religion protected by our federal constitution and by all international norms.

The Syariah Courts only have jurisdiction over ‘persons professing the religion of Islam’. Banggarma does not profess the religion of Islam – she professes herself to be a Hindu. It is not proper to require her to go to the Syariah Court before she is allowed to profess her religion of Hinduism. 

We therefore reiterate our calls, made many times before, for the authorities to put in place legislative reforms to ensure that Islam, and Islamic law, is not forced upon people like Banggarma who do not profess themselves as Muslim.

The writer is president, MCCBCHST.