No rush to ban unilateral conversion, Sarawak leaders tell Putrajaya


Desmond Davidson

Francis Teron says studies should look into the effects of unilateral conversions on children, particularly on those caught in the middle of tugs-of-war between parents.

PUTRAJAYA should not rush into introducing a law to ban unilateral conversions, said Sarawak grassroots leaders.

While they acknowledged there should be a legal mechanism to prevent the conversion of children by a Muslim-convert parent, they said it required careful study.

They were commenting on a challenge in Parliament yesterday from former de facto law minister Azalina Othman Said, who called on Pakatan Harapan to reintroduce clause 88A into the Law Reform (Marriage and Divorce) Act 1976.

The Penggerang MP, who said PH lawmakers had criticised the Barisan Nasional government for omitting clause 88A in amendments to the LRA while they were in the opposition, said that it was time for PH to walk the talk and introduce a ban on unilateral conversions to Islam now that it had captured Putrajaya.

The clause states that a child should remain in the religion he or she was raised in before one parent converted.

PKR Mas Gading division secretary Francis Teron said stakeholders should be engaged first.

He said the welfare of the children came first when looking for a legal mechanism.

“The welfare of the children must be of utmost consideration,” Teron, a lawyer, said.

Teron said studies should look into the effects of unilateral conversions on children, particularly on those caught in the middle of tugs-of-war between parents.

He said studies should also look into the possible effects of banning unilateral conversions.

“We cannot simply pass a new law and amend the federal constitution for the sake of making one parent happy.

“The court gives little regard to the wishes of parents, and gives more attention to what is best for the welfare of the underage children,” Teron said.

He also said the law should also be clear on whether the civil or shariah courts should hear the matter.

“I am of the view it should be the civil court, as the children were born to a non-Muslim family in the first place, and whose marriage was then governed by civil law.”

Abun Sui Anyit, an Orang Ulu native rights activist and lawyer, said the children’s interests should come first in any new attempt to tweak the LRA to stop unilateral conversion.

“Think of the welfare of the children. Forget Azalina.

“She’s only looking for political mileage.”

Abun said if all 222 MPs set aside their respective political beliefs and interests, and thought of the welfare of the children, “then it’s easy to draw up the law”.

He said that while that might not be easy to achieve, an “easier alternative” was for both parents to let their children remain in the religion they were raised in, and decide their religion when they reach the age of maturity, without resorting to the law.

Abun admitted it would be difficult to reinsert clause 88A into the LRA if it really contravened the federal constitution, unless PH tried to bulldoze it through. – July 27, 2018.


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