MEDIA
STATEMENT BY NGA KOR MING, MP FOR TAIPING
The announcement on 8th July by the
Cabinet to withdraw amendment to the controversial bill, RUU.D.R1/2013 Rang
Undang-Undang Pentadbiran Agama Islam, which allow conversion of a non muslim
child to Islam, without the consent from both the father and mother are both
wise and timely. The amendment seek to allow conversion of a child below 18
years of age if the father or mother, i.e one of them, give their consent
his/her consent. In other words, consent from both father and mother are deemed
not necessary anymore if the said amendment are allowed to be passed by
Parliament.
The said bill is
construed as unconstitutional in particular section 107, which is contradictory
to Article 12(4) of the Federal Constitution read together with the 11th
schedule. Art 12(4) of the Federal Constitution says “the religion of a person
under the age of eighteen(18) years shall be decided by his parent or
guardian.” Read together with the 11th schedule, the word “parent’
referred to & should be interpreted as both “father and mother’. As provided by Art 4 of the Federal
Constitution, FC being the supreme law of the land, any enactment or Act which
contrary to the Federal Constitution shall be deemed as unlawful and void.
It is plain and obvious
that the consequences or impact of such provision will render the non Muslim
parent no avenue to seek justice should their marital dispute being brought to
the Court. Under such circumstances, If his or her child is converted
unilaterally by their spouse, as a non muslim parent, he or she cannot seek
legal redress at Syariah Court and on the other hand, the Civil court will have
no jurisdiction to hear the marital dispute which involved a Muslim, thus
resulted grave injustice to the child and the parent involved.
In according to the
above, the decision by the cabinet not to table the said amendment is in line
with the constitutional principle but it must not be forgotten, at present,
specific proviso similar to s.107 of the withdrawn Bill is still found in the
respective State Enactments which govern the administration of Islamic affairs
in these States. Such proviso is stated under the sub heading of “Keupayaan
untuk Memeluk Agama Islam” in these state Enactments. It must be noted there
are five(5) states i.e. Negeri Sembilan, Kedah, Perak, Melaka, Sarawak who are
still having the unconstitutional provision in their respective Enakmen
Pentadbiran Agama Islam, and as such, it
is appropriate for the Attorney Chambers to advise the State Government
respectively and take necessary steps to amend the said provision so in
accordance to the Federal Constitution principle.
It is interesting to
note that there are six(6) states i.e Selangor, Terengganu, Pulau Pinang,
Sabah, Perlis and Johor which provide that consent from both parents, i.e
Father and mother is necessary. (See appendix A)
In a nutshell, in order
to uphold the constitutional principle and for uniformity of the law, I humbly
urge the 5 state governments to take necessary measure to amend the provision
in the interest of the public and to maintain religious harmony in our country.
Nga Kor Ming
Member of Parliament for TAIPING/DAP National
Assistant Treasurer
11-7-2013 at KL
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