Govt scraps bill meant to end unilateral child conversions


Asila Jalil

Minister in the Prime Minister’s Department Azalina Othman Said cited Parliament's Standing Order No. 62 when withdrawing the bill to amend the Law Reform (Marriage & Divorce) Act. – The Malaysian Insight file pic, August 7, 2017.

The government today withdrew legislation aimed at ending controversial unilateral child conversion, a move that will appease the majority Muslim ground.

Minister in the Prime Minister’s Department Azalina Othman Said withdrew the bill to amend the Law Reform (Marriage & Divorce) Act, which was scheduled for its second reading in the House, after first being tabled in November last year.

“Under Standing Order 62, I withdraw the Law Reform (Marriage and Divorce) Amendment 2016, as stated under No.10 of the Order Paper,” said Azalina in Parliament.

Bernama reports that Azalina, in a statement later, said the bill was withdrawn to avoid any contradictions with the constitution.

“This is also in line with the principle of stare decisis, where the apex court’s interpretation of Article(4) Schedule 12 is linked.”

Azalina said a notice on a new bill had been submitted to the Dewan Rakyat.

“The government hopes all parties will take this matter positively as means to preserve the principle of plurality of races and religions among the people of this country.

“Therefore, all parties are urged to support the new bill and not to politicise the issue,” she said. 

The move to amend the law came after two cases of a spouse unilaterally converting their children to Islam, but goverment’s sudden withdrawal appeared to be aimed at preventing a fallout from the important Malay/Muslim vote bank in the next general election.

The debate over the bill was expected to be heated, as it was set to end controversial issues, including the unilateral (single parent) conversion of minors and dissolution of marriage when one spouse converts to Islam.

Among the amendments that are set to generate headlines is the introduction of Section 88A, which states both parents must agree to the conversion of a minor to Islam.

It also stated that the child will remain in the religion the parents practiced upon their marriage registration and can only only choose his/her own religion at the age of 18.

In an immediate reaction, DAP assistant national publicity secretary Teo Nie Ching slammed the government’s withdrawal of the bill.

“What has changed to cause the amendment bill to be withdrawn now?

“Leaders of Barisan Nasional component parties cannot remain silent or they shall be deemed as agreeing to further jeopardising the rights of all single parents,” said Teo, who is Kulai MP.

She questioned whether the amendments had really been approved by the Cabinet.

An informal Cabinet panel had been tasked to look into ways to resolve interfaith child custody conflicts between Muslim and non-Muslim parents. Ministers named to be part of the Cabinet taskforce were Liow Tiong Lai, Joseph Kurup, Dr S. Subramaniam, Nazri Aziz and Jamil Khir Baharom.

Dr Subramaniam was reported saying in January last year that the prime minister had agreed in principle to consider amending the law to prevent children from being converted to another religion without the consent of both parents. – August 7, 2017.


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