Parties including the Bar Council, the cabinet and The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) are "manipulating" the conversion of children to Islam in the name of human rights, says the Muslim Lawyers Association.

Association president Zainul Rijal Abu Bakar said today statements against the conversion of children by a Muslim parent are also tantamount to questioning the rights of Muslims.

azlanZainul Rijal said this was because the federal constitution provided for the consent of only one parent to convert a child to a religion other than that of the parents' at the time of marriage.

This, he said in a statement, was based on Federal Court judgments that state that the definition of 'parent' in the federal constitution referred to either the mother or the father, and not necessarily both.

"In the Subashini Rajasingam vs Saravanan Thangathory and others (2008) case, the Federal Court agreed with a previous judgment, Nedunchelian V Uthiradam vs Nurshafiwah Mah Singai Annal and others (2005).

"As such, in Subashini's case, the conversion to Islam of children under the age of 18 by a Muslim father was declared by the Federal Court as right and constitutional," Zainul Rijal said.

In his judgment on the Subashini case, Federal Court judge Nik Hashim Nik Abdul Rahman said that "either husband or wife has the right to convert a child of the marriage to Islam".

"The word 'parent' in Article 12(4) of the federal constitution, which states that the religion of a person under the age of 18 years shall be decided by his parent or guardian, means a single parent," Justice Nik Hashim said.

"Therefore, Article 12(4) must not be read as entrenching the right to choice of religion in both parents."

Cabinet can't change court's decision

Zainul Rijal was responding to recent statements on the matter, following a recent case in Negri Sembilan where a man converted his children - both minors - to Islam without his estranged wife's consent.

The Bar Council has said that the "unilateral" conversion of children without both parents' consent is "unconstitutional".

Others have urged the government to uphold its 2009 pledge to ammend laws to stop cases which usually see one parent converting the children in order to win custody battles.

NONENewly-appointed de facto Law Minister Nancy Shukri said the cabinet discussed the issue this week and would study the matter further, especially on the constitutional definition of a parent.

According to Zainul Rijal, a prominent syariah lawyer, former de facto law minister Mohd Nazri Abdul Aziz's (right) 2009 statement that children under 18 should remain in the religion of their parents at the time of the marriage has no constitutional basis.

"The fact is, the cabinet has no power to instruct any court to amend, adhere to or cancel any law. The courts can validly interpret legislation based on the philosphy, gist and spirit of the law as it is enacted...," he said.

As such, Zainul Rijal said, non-Muslim interfaith council MCCBCHST's statement slamming the government for not fulfilling its 2009 "pledge" was also an attempt to supercede the law.

"(The MCCBCHST) has, in fact, challenged the rights of Muslims and chose to do so in the media, without first consulting Muslim authorities to clarify prejudices and stereotypes about Islam in the country," he said.

He added that the National Fatwa Council in 2009 had also decided that if one parent converts to Islam, any children under the age of 18 must be cared for by the Muslim parent.

azlanThe Fatwa Council then decided that as such, if one parent converts to Islam, any of the couple's underaged children will automatically be considered Muslim.

"It is clear that the decision has a strong basis and is in accordance with Islam's position as the religion of the federation as per Article 3 of the federal constitution.

"All parties, including the cabinet, Bar Council and MCCBCHST, must adhere to this fact and stop finding room to manipulate the situation in the name of human rights," Zainul Rijal added.