Reinstate Section 88A – It was key component for amendments to LRA Bill to ensure justice

With all due respect, Wanita MCA disagrees with the reason cited by Minister in the Prime Minister’s Department Dato’ Seri Azalina Othman to drop the proposed Section 88A clause to prevent a convert parent from unilaterally converting a minor child without notifying, much less obtaining consent from the non-converting spouse.

Dato’ Seri Azalina informed the decision was reached so as to be binding with three Federal Court rulings and one Court of Appeal decision which had interpreted Article 12(4) of the Federal Constitution as “parent” as single ie “ibu atau bapa”.

Legislations are not enacted to be retrospective in accordance with judicial judgements, but rather to improve for the progress and protection of society, minority groups included. *There must be MUTUAL respect vis-a-vis the rakyat of different religions, which is the crux and basis for promoting and achieving racial harmony and unity.

Inserting Section 88A is in line with the Federal Constitution which stresses that there shall be freedom of religion. In this regard, it should, again, be MUTUAL and NOT dictated as a one-way street. No one can or should be allowed to impose his will on others as, if so, this would naturally trigger off racial disharmony and suspicion, which is detrimental to national unity.

After all, we must truly respect the tender age child of their wishes, they must be given the opportunity to decide their faith and the kind of life they wish to live as adults later on.

Depriving the non-Muslim spouse of such constitutional rights will jeopardise the esteemed image of Malaysia in the eyes of the world, that we are an inclusive nation founded on mutual respect.*

If the Attorney General Chambers deems the proposed Section 88A as in conflict with the Federal Constitution, then the AG Chambers and lawmakers from both sides of the fence must table a Bill to amend Article 12(4) of the Federal Constitution to enshrine in stone that “parent” means “ibubapa.”

Eminent group of retired Malay civil servants have correctly pointed out that up till 2002, Perkara 12(4) of the Perlembagaan Persekutuan clearly spelt out that a minor child’s faith is to be determined by “ibubapa” ie BOTH parents, not by a single parent without going through the legislative process nor gazetted by the Dewan Rakyat and the Senate.

Are unauthorized printing changes legally binding?

It is important to investigate how “ibubapa” was mysteriously switched to “ibu atau bapa” without going through Parliamentary proceedings, and whether this subterfuge alteration is legal and binding. As this mysterious printing modification in the Perlembagaan Persekutuan was not debated in Parliament, much less officially gazetted, can its interpretation by the judiciary to mean singular be thus construed as correct and not-flawed?

Wanita MCA urges the Attorney General Chambers to heed the disappointment of groups like Sisters in Islam, G25, and retable Section 88A.

Scrapping the proposed Section 88A means continued injustice, violation of human rights, and on the emotional spectrum, heartache and separation for not only the high profile cases of Indira Gandhi, S. Deepa, Subashini and Syamala, and lesser known Lee Chang Yong, but countless other non-Muslim spouses/parents whose spouses had secretly converted their minor offsprings do not make it to the news.  

Wanita MCA reiterates our shock and disappointment at the sudden withdrawal of Section 88A as this Clause was the key reason to amend the Legal Reform (Marriage and Divorce) Act. Without Section 88A, the Bill does not serve its main purpose nor solve acrimonious marital disputes when a Muallaf takes advantage of the state religious departments, Syariah Court and the police to either convert their minor sons and daughters without informing the non-converting spouse, or use physical force to abduct an underage child although the civil court had awarded custody to the non-convert spouse.

Meanwhile, Wanita MCA supports other amendments in the LRA Bill, ie :

• A mother is conferred equal rights as that of the father in consenting marriage for child below 21 years of ag
• any marriage contracted by civil law must only be dissolved through civil law or that the spouse
• children and parents who do not embrace Islam are entitled to matrimonial assets should a Muallaf die before divorcing
• continued maintenance of children for education/training beyond the age of 18 years

Datuk Heng Seai Kie
Wanita MCA Chairman
Adviser of Prime Minister Department (National Unity & Integration) 
Deputy President of  the National Council of Women Organisation (NCWO)

-MCA online-