KUALA LUMPUR: The government will not be introducing the act that outlaws unilateral conversion as there has already been a precedent set in the courts.
De facto Law Minister Datuk Liew Vui Keong (pix) told the Dewan Rakyat today that there was no need to reintroduce Section 88A to the Law Reform (Marriage and Divorce) Act 1976 (LRA) as the Federal Courts had already decided in the M. Indira Gandhi case, which decided that the conversion of a minor must require the consent of both parents.
“Because of this interpretation (by the federal court), it can resolve the issue of unilateral conversion by one parent who converts to Islam,“ he said.
“There is no longer a need to reintroduce Section 88A in the LRA,“ Liew said in a written reply in Parliament.
He was answering a query from former de facto law minister Datuk Seri Azalina Othman Said who asked if Section 88A would be reintroduced.
Previously, there were issues over the word “parent” in the constitution being open to intepretation as it could refer to one parent instead of both.
“However, in the latest Federal Court case, namely Indira Gandhi vs the Perak Islamic Affairs Department and others, the court interpreted “parent” in Article 12(4) of the Federal Constitution as both parents,“ he said.
Article 12(4) states: “For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian”.
