Home Minister Muhyiddin Yassin said this is based on the conclusion of the Attorney-General’s Chambers which said it is the judiciary’s prerogative to interpret existing laws.

He said in 2018, the Federal Court and High Court stopped the unilateral conversions of five minors below 18.

“Following that, the proposal to include Clause 88A (in the act) was again scrutinised with the AGC.

“The conclusion was that the courts have the prerogative to interpret legal provisions, and the Federal Court’s decisions are binding on the lower courts,” he said in the Dewan Rakyat today.

He was responding to Azalina Othman Said (BN-Pengerang) who asked for updates on the government’s study of Clause 88A.

In 2016, the Federal Court nullified the unilateral conversion of M Indira Gandhi’s three children by her ex-husband.

Former prime minister Najib Razak subsequently said the government might consider amending the law to bring it in line with the ruling.

In November that year, the Barisan Nasional government tabled a bill to amend the Law Reform (Marriage and Divorce) Act to include Clause 88A. However, this was withdrawn after strong objections.

Clause 88A states that the religion of the child “shall remain as the religion of the parties to the marriage prior to the conversion” and that the child can, after turning 18 and with the consent of both parents, convert to Islam.