MALAYSIA, January 4, 2016 (The Malaysian Insider): The rights of a non-Muslim mother over her children’s religion remained vulnerable and unprotected by the country’s judicial system, says MIC president Datuk Seri Dr S. Subramaniam. He was commenting on the Court of Appeal’s decision in the case of kindergarten teacher, M. Indira Gandhi, whose three children were converted to Islam by her ex-husband. The appeals court, in a majority ruling on Wednesday, held that the validity of conversion of Indira’s three children by their Muslim father could only be determined by the shariah court. MIC was disappointed with the ruling and hoped solutions could be found through the Cabinet and Prime Minister’s Office, said Dr Subramaniam, who is also health minister. “This has once again reopened the Pandora’s box on the vulnerability of a non-Muslim parent in being able to protect the religious status of her child in the case of unilateral conversion of the child by the other spouse,” he said in a statement today.
He said in 2009, various levels of government including the Cabinet had discussed the controversial interpretation of Article 12(4) of the Federal Constitution. Article 12(4) states that either a father or a mother or a guardian can decide the religion of a child below 18 years of age. “The prime minister had on many occasions stated that this issue should be resolved by taking into consideration the rights of the unconverted non-Muslim parent and that of the Muslim parent. “Unfortunately the issue remains unsolved. The right of the unconverted non-Muslim mother in determining the religion of her minor child still remains vulnerable with no evident protection within our judicial system as exemplified by the recent judgment,” said Dr Subramaniam.
The appeals court ruling reversed the Ipoh High Court’s order to quash the unilateral conversion of the three children to Islam, saying that the lower court did not have the jurisdiction to hear the conversion. The three-man bench, led by judge Datuk Balia Yusof Wahi, said conversions must be decided by the shariah court.