New Act should be based on the Article 12(4) of the Federal Constitution
The Malaysian Buddhist Consultative Council (MBCC), Eight Major Chinese Youth-based Organization
(EMCO), Fo Guang Shan Malaysia and the Buddhist Research Society of Malaysia
Protest
strongly against the Administration of Islamic Law (Federal Territories) Bill
2013(D.R.1/2013) (“the 2013 Bill”), which has been tabled during the first session of the 13th Parliament
of Malaysia. The 2013 Bill provides for the unilateral conversion of minors to
the religion of Islam by one parent, which is contrary to the basic right of
religious freedom under Article 11 of the Federal Constitution, and at the same
time legalizes the erosion of the rights of non-Muslims in Malaysia.
Recently,
several court decisions on the affairs that relate to non-Muslims have aroused
the concerns and worries of the non-Muslim community. Thus, it is the
Government’s obligation to
rectify these judicial errors, in order to restore public confidence in the
Malaysian Judiciary. We support the legal discourse raised by the Bar Council
and the Malaysian Consultative Council of Buddhism, Christianity,
Hinduism, Sikhism and Taoism (MCCBCHST) that Article 12(4) of the Federal
Constitution has to be respected and that the mutual consent of both parents is
required for the conversion of minor children to any religion.
The
spirit of the Federal Constitution that was agreeable by all parties before
independence must be respected and all other bills must be enacted on this
foundation. Thus, the Government should also amend bills which are in conflict
with this understanding. At the same time, the Government as an administrative
body has to set a good example in upholding our constitutional right to
religious freedom. Furthermore, on April 22, 2009, the Cabinet made a decision
that a Muslim convert cannot convert his or her minor children to the religion
of Islam without the consent of his or her spouse. The 2013 Bill has
undoubtedly overridden that Cabinet decision and totally contradicts the same.
This only reinforces the people’s
believe that good decisions of the Government which benefits the people cannot
seem to be properly implemented; and this would only result in the people’s further disappointment in the Government.
In
addition, we urge the Government to rectify Article 121(1A) of the Federal
Constitution to ensure that cases related to non-Muslims are heard in civil
courts. We also urge that the High Court judges boldly implement the spirit of
the Federal Constitution in upholding our freedom of religious beliefs. We call
upon the Government to respect the feelings of non-Muslims and consult
non-Islamic religious organizations in cases involving non-Muslims.
As
our country is moving towards more emphasis on justice and freedom, our
religious freedom is an important indicator. Therefore, we urge all the Members
of Parliament regardless of their political affiliations to debate and oppose
the2013 Bill. We also urge all the people of Malaysia to say NO to this bill.
Members of MBCC: Vajrayana Buddhist Council Malaysia, Young Buddhist
Association of Malaysia, Buddhist Missionary Society Malaysia, Sasana
Abhiwurdhi Wardhana Society, Persatuan Penganut Agama Buddha Fo Guang Malaysia, Theravada Buddhist Council of Malaysia
Members of
EMCO: Young Buddhist Association of Malaysia, Malaysia Christian Youth
Association, United
Youth Movement of Malaysia, Malaysia Entrepreneurs’ Development Association, Malaysian Young
Graduates Association, The Federation of Clans and Guilds Youth Association of
Malaysia, Junior Chamber International Malaysia, Young
Malaysians Movement
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