Conversions: SLA agrees laws must be amended
Published on: Wednesday, February 03, 2016
Kota Kinabalu: The Sabah Law Association (SLA) on Tuesday said the relevant laws that encompass "unilateral conversions" and specifically of minors must be amended to address any issue that may arise later.Its Women and Children's Rights Sub-Committee chairperson Mary Florence Gomez, in a statement, said SLA welcomes the call by the Chairperson of the Federation of Chinese Women Associations (FSCWA) Family and Women Affairs Bureau, Dr Pamela Yong, "to join hands to assist and scrutinise the laws in respect of unilateral conversions." In fact, the SLA not only hails but encourages the participation of civil society being the relevant community of citizens linked by common interests and collective activity for their substantive input and suggestions, she said.
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The SLA believed that the effective and complete solution lies with legislative intervention by an amendment of the relevant laws which encompass "unilateral conversion" and specifically of a minor. The judiciary's predominant but not exclusive function is to interpret the law as prescribed by Parliament and the fact that the decision of the Court of Appeal in the widely publicised case of Indira Ghandi was not a unanimous decision amongst the panel of three judges but a majority one would indicate that the laws applicable in that case are currently ambiguous leading to a divergence of views. She said while the SLA appreciates that the judiciary also has a role in developing the law, it would be perhaps be more appropriate in these circumstances for Parliament to change the applicable laws to prevent any potential abuse leading to the sad and tragic situation as experienced by Indira. Gomez said at the recent opening of the Legal Year 2016 for Sabah and Sarawak in Sibu, the SLA has in its speech by the President expressly stated that "…notwithstanding the outcome of the intended appeal of the Indira Ghandi case, which facts and circumstances have resonated deeply amongst our plural society, the Association calls upon all stakeholders to approach this pressing controversy holistically in order to transcend the positions of all quarters.
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In addition, the Association awaits the outcome of the Federal Ministers assigned to study the implications of the Indira Ghandi quandary hoping for achievable solutions without delay." She said, in response to the SLA's call, Minister in the Prime Minister's Department, Hajah Nancy Shukri, during the gala dinner of the opening of the Legal Year 2016, had expressed hope that Putrajaya would be ready to table the necessary legal amendments in Parliament in March to prevent the religious conversion of children without the consent of both parents as subsequently reported in the mainstream media.
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The SLA, she said, understands that the relevant agencies like the Islamic body in the Federal Territories are being consulted, as the federal government plans amendments to the Law Reform (Marriage and Divorce) Act 1976, the Administration of Islamic Law (Federal Territories) Act 1993 and the Islamic Family Law (Federal Territories) Act 1984 to ensure that issues like child custody, alimony and division of marital assets are resolved in the court in which one's marriage was registered. For the State of Sabah, the SLA will have to identify the local laws applicable in this respect, she added."Therefore, irrespective of the outcome of the intended Federal Court appeal by Indira Ghandi and pending the proposed amendments to the Statutes and State Enactments as indicated by the de facto Federal Law Minister, SLA looks forward to the prospect of meeting and collaborating with the Federation of Chinese Women Associations (FSCWA) Family and Women Affairs Bureau and any other civil society organisation to assist in drafting a memorandum to be submitted to Parliament to encompass the predominant consideration of a minor in matters of conversion and that both parents, where they are both alive, are to jointly consent to a change of religion involving their children below the age of eighteen. "The SLA is of the opinion that this is only just, fair and inherently correct being in line with the intention of the Federal Constitution."Article 12(4) of the Federal Constitution provides: "For the purposes of Clause (3), the religion of a person under the age of 18 years shall be decided by his parent or guardian." Article 12(3) states: "No person shall be required to receive instructions in or take part in any ceremony or act of worship of a religion other than his own." Article 12(4) should to be read with Article 160 and the Eleventh Schedule of the Federal Constitution. Article 160 and the Eleventh Schedule govern the interpretation of the Federal Constitution. The Eleventh Schedule states that "words in the singular include the plural, and words in the plural include the singular".Stay up-to-date by following Daily Express’s Telegram channel.
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