STATE enactments on religious conversion need to be harmonised with the Federal Constitution to ensure adherence on the issue of child conversions, former Penang deputy chief minister P. Ramasamy said.

He said some states allow children to convert to Islam with the consent of only one parent while the constitution requires the approval of both parents.

“There is a growing number of cases of religious conversion of minors, those below the age of 18 years. The main reason for the religious conversion of minors is the existence of state enactments that allow for conversion of minors with the consent of one parent.

“These state enactments are not in accordance with the Federal Constitution,” said the former DAP leader.

The states and territories in question are  Perlis, Kedah, Perak, Sarawak, Terengganu, Negri Sembilan, Malacca, and the three federal territories.

Penang, Pahang, Selangor, Sabah, and Johor require the consent of both parents for the religious conversion of minors.

“(The need for the consent of) just one parent for religious conversion has been the source of problems for parents are divorced,” he said.

“State legislations on unilateral conversions cannot be different from the Federal Constitution. (That would be) deemed ultra vires the constitution.

“The discord between state enactments and the federal constitution is a known matter in the country. It is this discrepancy between state and federal laws that have been taken as advantage by divorced or separated married couples in seeking custody over their children,” said Ramasamy, who now heads the Urimai party.

He welcomed religious affairs minster Mohd Na’im bin Mokhtar’s appointment of a committee to determine how the state enactments could be reconciled with the constitution.

“I am glad that Nai’am has come up with a strategy to harmonise the state and federal laws on religious conversion.

“If state and federal laws are not in congruence on religious conversion, the judiciary will have difficulty adjudicating the matter,” said Ramasamy. – January 19, 2024.

ENDS