MCA: Committees mean nothing if laws not amended

MCA: Committees mean nothing if laws not amended

Wanita MCA chief says that once a decision is arrived at, the committee for interfaith custody battles must amend necessary laws so justice is served.

M Indira Gandh

PETALING JAYA:
Unless concrete action is taken to amend existing laws, any committee set-up to tackle interfaith custody battles, will remain a committee merely “in name” and nothing more.

Wanita MCA chief Heng Seai Kie also said that the committee must recommend that a Clause be inserted into the Guardianship of Infants Act 1961, Legal Reform Act (Marriage and Divorce) 1976 and Article 12(4) of the Federal Constitution that the “religion of minor children shall be determined by the parents.”

Time and time again, she lamented, Malaysians have seen the government establishing interfaith committees although all have failed to reduce interfaith grievances as whatever recommendations were proposed have been unsuccessful in preventing the lacuna for Muallafs from taking advantage of the state religious departments and the Syariah courts.

Heng was commenting on the news that three ministers would lead a committee to tackle issues involving the custody and religion of a minor when one parent embraces Islam.

The three are Health Minister Dr S Subramaniam, Culture and Tourism Minister Nazri Aziz and Minister in the Prime Minister’s Department Jamil Khir Baharom.

The Cabinet, Heng also stressed, need not have set-up the committee had the Court of Appeal judges in the case of M Indira Gandhi’s children, who were unilaterally converted to Islam by her Muslim convert ex-husband, not let their personal religious beliefs influence their decision.

She suggested that even if certain laws were amended, the Cabinet would still have to issue a circular to all state religious departments that they are not to convert any minor without the written consent of both parents, failing which the conversion will be declared null and void and therefore not recognised by law.

“This move will protect the sanctity of Islam and the state religious department from being criticised as acting with bias,” she said.

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