MCA welcomes Cabinet's move to amend Article 12(4) of the Federal Constitution

PETALING JAYA: MCA has welcomed the assurance by Minister in the Prime Minister's Department Datuk Seri Azalina Othman on amending Article 12(4) of the Federal Constitution to enable it to have a clearer meaning.
MCA Religious Harmony Bureau Chairman Datuk Seri Ti Lian Ker said this is in line with the party's stand where the word "parent" should be read as "ibubaba" (mother and father) and not "ibu atau bapa (mother or father).
"Although this move is a little too late, it is also better late than never. It is time that unknown non-Muslim parents in addition to S. Syamala, Subashini, Indra Gandhi, S. Deepa who have cried many tears of anguish when our civil courts failed to provide the remedy in their interpretation of "parent" as individual.
"MCA has repeatedly pressed in the Cabinet as well as in our media statements that the word "parent" in Article 12(4) must be read as "ibubapa" and not "ibu atau bapa" as ruled by the Federal Court in Subashini's case, and where there is a dispute on the minor child's faith, it must remain as status quo until the age of majority ie 18 years upon which the child will decide," Ti said in a statement today.
He added that MCA has pointed out that Article 160 Eleventh Schedule of the Federal Constitution clearly reads that words in the singular includes the plural and vice versa.
To further explain the definition of "parent" for the avoidance of doubt, MCA also urged that Article 12(4) be amended to clearly read "parents."
"Additionally, we also pressed that legislation must be enacted to require both parents consent, in particular written consent from the non-Muslim spouse and witnessed by another non-Muslim for the minor child to be converted to Islam.
"This is to avoid a sensitive situation when a Muallaf rushes a minor child to state religious authorities to be converted or to the Syariah Court for custody award," he said.
Earlier in Kota Tinggi, Azalina said the Cabinet has agreed to amend Article 12(4) of the Federal Constitution to enable it to have a clearer meaning.
The move was made after Attorney-General Tan Sri Mohamed Apandi Ali advised for the provision to be amended as the words used in the article were not certain.
"According to the A-G, the word 'parent' can be read as mother or father but there were also lawyers who said that the word can mean to include both," Azalina said after launching a seminar on women and children's rights at Dewan Besar in Bandar Penawar.