THE government will not reintroduce Clause 88A of the Law Reform (Marriage and Divorce) Act, said Home Minister Muhyiddin Yassin.

“After studying the Federal Court ruling last year, that will bind the lower courts, the government has decided not to amend (the act, to reintroduce) Clause 88A,” he told the Dewan Rakyat during the question-and-answer session this morning.

Clause 88A states that the religion of a child “shall remain as the religion of the parties to the marriage prior to the conversion”. It was dropped from the act as it contravenes the constitution.

Muhyiddin was replying to a question by Azalina Othman Said (Pengerang-BN) on whether the government will retable an amendment to the act, to reintroduce the clause.

Azalina, who is former de facto law minister, had tried to amend the act under the Barisan Nasional administration, but backed out at the last minute over fears of a possible political fallout.

Last year, the Federal Court ruled that the conversion of M. Indira Gandhi’s three children to Islam by her ex-husband, Muhamad Riduan Abdullah, was unlawful.

The court said the consent of both parents is required for the conversion of children under 18, and that Article 12(4) of the constitution, which states “parent”, should not be construed literally to mean just the mother or father.

“The word ‘parent’ is a case of being lost in translation. Both parents have equal rights,” justice Zainun Ali had said.

Article 12(4) states that the religion of a person under 18 shall be decided by his or her parent or guardian.

On December 30, 2015, the Court of Appeal reversed the quashing of the certificates of conversion of Indira’s children Prasana Diksa and Karan Dinesh, but made no ruling as to Tevi Darshiny, as she was already above 18.

In a 2-1 decision, the panel ruled that the children’s conversion was under the jurisdiction of the shariah court.

On July 25, 2013, the Ipoh High Court quashed the three children’s certificates of conversion, declaring them null and void. – April 4, 2019.