Heng on unilateral conversion order – Judge must be praised for ruling based on law & not her religious conviction

Wanita MCA applauds the bold judgement by High Court judge Datuk Azizah Nawawi in quashing the unilateral conversion to Islam of two minor Buddhist children by their convert mother.

In delivering her judgement, Justice Datuk Azizah upheld the Federal Constitution in its original Bahasa Malaysia version and intention whereby consent is required by “ibubapa” and not “ibu atau bapa.” MCA’s stand has always insisted that the religion of minor children must be agreed upon by both parents, and in cases of dispute, the faith of the minor children must remain as status quo, until they reach the age of majority ie 18 years and the child then decides.

Justice Datuk Azizah’s order will also discourage Muallafs from exploiting, thereby misusing the Syariah court and religious authorities to be awarded custody of the minor children.

Furthermore, besides her ruling, in disallowing a stay in her order pending appeal as applied by the Federal Territories Registrar of Muallaf, the learned judge showed that she did not permit her personal religious convictions and emotions to interfere with her judgement, thereby applying the rule of law and the Federal Constitution to rule supreme.

Such exemplary conduct must be emulated by all judges hearing cases where one party embraces Islam, or legal suits involving conflicts with religious authorities or government instructions that affect the freedoms of non-Muslims.

The women’s wing of MCA reiterates our highest respect of Islam as the religion of Federation. In this regard, we shudder seeing this sacred religion of mercy and compassion being tarnished when its adherents take advantage of religious authorities citing religion to gain an upper hand against their opponents.

Wanita MCA appeals to parents embattled in separation disputes to never drag in their children to hold an edge against the other, the worst action being to convert minor children to another religion without the knowledge, much less consent of the non-converting spouse. Do try to resolve maintenance payments, custody rights and disputes over religion as amicably and responsibly as possible.

Clearly, when children are caught in between custody disputes or the religion to profess, they too will be left traumatised. By all means, kindly resolve the marital breakup as amicably as possible. Prioritise the minor child’s welfare and not your own.




Datuk Heng Seai Kie
Wanita MCA Chairman

-MCA online-