Heated debates over Clause 88A continue


Debates over unilateral conversion conti­nued until late last night in the Dewan Rakyat with heated exchanges between the MPs.

At yesterday’s extended meeting, emotions ran high over the Amendments to the Law Reform (Marriage and Divorce) Act, mostly about the removal of Clause 88A to prohibit unilateral conversion of a child to Islam.

The amendments were later passed.

Datuk Seri Wee Jeck Seng (BN-Tanjong Piai) urged the Government to include Clause 88A in its next proposed amendment.

“The issue of unilateral conversion is still suspended with no resolution, and it is the voice of the minority, who are also the rakyat – so they must be given priority too,” he said.

Wee also suggested that Section 12 be expanded to give both parents not only the right to consent to a child’s marriage, but to other aspects like education and religion.

“I suggest that the child’s opinion be cover­ed in the civil court’s consideration, especially on the question of religion, in the best interest of the child,” he said.

Datuk Khoo Soo Seang (BN-Tebrau) agreed with Wee, saying that dropping Clause 88A had disappointed many people.

He also asked the Government if a mechanism would be introduced to address unila­teral conversion.

“Insertion of Clause 88A was supposed to bring a positive change on unilateral conversion, but many like M. Indira Gandhi are still facing problems,” he said.

Indira, the mother at the centre of a long-running case involving unilateral conversion, was also present in Parliament du­­ring the debates.

M. Kulasegaran (DAP-Ipoh Barat) called on the Government to keep its promise made in 2009 when the Cabinet decided that a child’s religion should remain the same if the father or mother converted to Islam.

Kulasegaran, a lawyer who has dealt with many cases of unilateral conversion, wanted the Government to explain why it suddenly dropped the Clause.

“You have given a pledge and an underta­king in 2009 and what has happened to Clause 88A now?

“We will continue to raise this issue and we hope the Government reconsiders bringing back the Clause,” he said.

Minister in the Prime Minister’s Depart-ment Datuk Seri Azalina Othman Said reiterated that under the amendments, the rights of both non-Muslims and their Muslim convert spouses would be protected.

“The amendments allow either or both spouses to file for divorce in the civil court to dissolve their marriage, as opposed to pre­vious situations where only the non-Muslim partner could file for divorce,” she said.

An earlier version of the Bill, which contained Clause 88A, was withdrawn on Monday, and a fresh Bill was tabled the next day without the clause.

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