The Prime Minister recently announced that a regulation on conversion to Islam would soon be introduced in response to the highlycontroversial and -publicised cases – such as such as “body snatching” and inheritance issues – arising from the death of family members.
Datuk Seri Abdullah Ahmad Badawi proposed that would-be converts first inform their families before converting to Islam.
The announcement, lauded by some, has drawn different responses from various quarters. Both MCCBCHST and CCM want the would-be converts to provide documented proof that their families have been informed at the point of conversion.
On the other hand, senior Islamic leaders unanimously rejected the proposal at the end of a conference that was held to streamline Syariah and civil laws.
The conference – attended by state legal advisors, muftis, syarie judges and Islamic department directors – said that the decision to inform their family members be left to the would-be convert.
Earlier on, the Bar Council had pointed out that the at-death disputes were only one of the many issues faced by non-converting spouses.
In many cases, the deceased did not appear to their families to be practising Muslims when they were alive despite claims from the religious authorities. Some had long renounced Islam even though they did not have an “exit order” as proof. Others were mistakenly identified as Muslims because of the confusion in names or technical glitches at the Registration Department. Hence, the issue cannot be resolved by just a pre-conversion notification.
Other problems that have arisen from the conversion issue include property disputes and the unilateral conversion of the children’s religion by the converted party.
An example is the Subashini case where the Federal Court allowed the unilateral conversion of her children by her converted Muslim husband. The decision disregarded Subashini’s rights as a mother and the fact that the minors were born from a civil marriage.
Notwithstanding the fact that Islam, unlike other faiths, is a legislated religion, there is the question of infringing the religious freedom provision in Article 11 of the Federal Constitution. Profession of faith is primarily a personal choice and involves freedom of conscience.
NECF Malaysia therefore continues to call for every person to be allowed the freedom to choose his/her religion. NECF also asks for easy access for those who desire to return to their original faith.
Having said that, NECF commends the Government for making the effort to resolve the longdrawn conversion problem.
Meanwhile, we wish to reiterate:
- All matters pertaining to a marriage that is solemnised under the civil law (e.g. inheritance, custody, religious status of minor, etc.) are in the jurisdiction of the civil courts and subject only to civil law. The religious status of a minor must be determined by both parents;
- The civil courts must be the final arbiter as long as one party involved in a legal entanglement is a non-Muslim person; and
- A person who reaches the age of majority has the absolute right to choose the religion of his choice. Any law on conversion must allow the person complete freedom to choose his/her faith or no faith at all.
|
