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    $? Ms Mys&ffi: 'U Ffig (H DMM

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    Sivin Kit
    The MCCBCHST refers to a statement by the Malaysian Syariah Lawyers Association regarding Section 107 of the Administration of Islamic Laws (FT) Bill 2013. The MCCBCHST argues that similar provisions to Section 95 that were passed in various state enactments were done so stealthily without proper scrutiny. Furthermore, Section 95 of the 1993 bill passed by parliament originally required both parental consent for the conversion of a minor, but the gazetted version altered the meaning by changing the language to only require one parental consent. As such, a thorough inquiry is needed regarding the improper gazetting of Section 95. The MCCBCHST emphasizes that any provisions that allow unilateral conversion of minors are unconstitutional.

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    $? Ms Mys&ffi: 'U Ffig (H DMM

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    The MCCBCHST refers to a statement by the Malaysian Syariah Lawyers Association regarding Section 107 of the Administration of Islamic Laws (FT) Bill 2013. The MCCBCHST argues that similar provisions to Section 95 that were passed in various state enactments were done so stealthily without proper scrutiny. Furthermore, Section 95 of the 1993 bill passed by parliament originally required both parental consent for the conversion of a minor, but the gazetted version altered the meaning by changing the language to only require one parental consent. As such, a thorough inquiry is needed regarding the improper gazetting of Section 95. The MCCBCHST emphasizes that any provisions that allow unilateral conversion of minors are unconstitutional.

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    MCCBCHST Media Statement- 05.07.2013

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    The MCCBCHST refers to a statement by the Malaysian Syariah Lawyers Association regarding Section 107 of the Administration of Islamic Laws (FT) Bill 2013. The MCCBCHST argues that similar provisions to Section 95 that were passed in various state enactments were done so stealthily without proper scrutiny. Furthermore, Section 95 of the 1993 bill passed by parliament originally required both parental consent for the conversion of a minor, but the gazetted version altered the meaning by changing the language to only require one parental consent. As such, a thorough inquiry is needed regarding the improper gazetting of Section 95. The MCCBCHST emphasizes that any provisions that allow unilateral conversion of minors are unconstitutional.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    25 views3 pages

    $? Ms Mys&ffi: 'U Ffig (H DMM

    Uploaded by

    Sivin Kit
    The MCCBCHST refers to a statement by the Malaysian Syariah Lawyers Association regarding Section 107 of the Administration of Islamic Laws (FT) Bill 2013. The MCCBCHST argues that similar provisions to Section 95 that were passed in various state enactments were done so stealthily without proper scrutiny. Furthermore, Section 95 of the 1993 bill passed by parliament originally required both parental consent for the conversion of a minor, but the gazetted version altered the meaning by changing the language to only require one parental consent. As such, a thorough inquiry is needed regarding the improper gazetting of Section 95. The MCCBCHST emphasizes that any provisions that allow unilateral conversion of minors are unconstitutional.

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    Media Statement

    5 JulY 2013

    Gazetted Provision of Bahasa Malavsia Version of Section 95 (b) of the Administration of lslamic Laws (FT) Bill 1993 not passed bv Parliament.

    The Malaysian Consultative Council Of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) refers to the Statement made by the Malaysian Syariah Lawyers Association (PGSM) (MalaysiaKini 21712013) that there was no major change brought by Section 107 of the Administration of lslamic Laws (FT) Bill 2013 as there was already a similar provision, in existing Section 95 in place. The PGSM further stated that similar provision as Section 95 existed in other State Enactments, such as, Pahang (introduced
    in 2001), Malacca (20021, Selangor (2003) etc. The MCCBCHST wishes to state that these Enactments were passed very stealthly. The MCCBCHST was informed by some members of State Legislatives who had voted for the Enactments that they thought that the Bills were for matters relating to the Muslims and would not affect Non-Muslim Rights. The MCCBCHST when became aware of these privisions protested very strongly against these State Enactments as being unconstitutional in certain provision like Section 95 which altows one parent to convert a child.
    The MCCBCHST then prepared a Protest Note dated 20th dav October. 2005 pointing out that these State Enactments had infringed the rights of Non-Muslims and submitted it to the Cabinet, requesting it to repeal these objectionable provisions. On page 27 of the Memorandum, it stated:

    "All Iegislation purporting to give only one parent the right to convert a child to Islam or only one parent the right to determine a child's religion should be repealed."
    Now, because of the occurrence of such cases as, case of Shamalla, lndira Ghandi, Subashini and now Deepa (from Seremban), has created awareness of the problem among the public including the Law makers and thus the present clamour to have Section 107(b) and Section 51 (3)(b)(x) & (xi) repealed.

    The MCGBCHST wishes to emphasise that once a Bill is tabled in Parliament, all its clauses are then subject to scrutiny and debate. One cannot say that this Section 107(b) is similar to eartier Section 95, and is therefore unobjectionable. Now we find that that was not even the case as Parliament has not intended S95 in its present form.
    ln the case of LATIFAH BTE MAT ZIN v. ROSMAWATHI BTE SHARIBUN & ANOR 120071 S MLJ 101, the Federal Court had observed that it was aware that certain States had passed laws that infringed on matters within the Federal List but had declined to name the State Enactments.

    Section 95 (F.T. Bill- 1993). ENQUIRY NEEDED. MCCBCHST has been made aware that Section 95 of the Administration of lslamic Laws (FT) Bill 1993, when introduced in Bill form by the Prime Minister in Parliament in '1993 was different from the one gazetted. The Bill was passed by Parliament with Section 95 of the Bahasa Malaysia version with the following provisions:-

    S95 Bagi maksud Bahagian ini, seseorang yang tidak beragama lslam boleh masuk
    lslam jika ia sempurna akal dan

    (a) Mencapai umur lapan belas tahun; atau (b) Jika ia belum mencapai lapan belas tahun, ibu bapa atau penjaga mengizinkan kemasukannya." However, when it was gazetted, there was a minor but far-reaching variation in its Bahasa Malaysia version for Section 95(b) permitting unilateral conversion of minors to lslam when Parliament had always intended dual parental consent, as the gazetted Bahasa Malaysia version reads: "(b) jika dia belum mencapai umur lapan belas tahun, ibu atau bapa atau penjaganya
    mengizinkan kemasukannya."

    This completely alters the meaning of "parent" in Article 12(4). A thourough enquiry is required in this wrongful gazetting. lts coming to light at this pertiment moment may be
    divine intervention. The MCCBCHST wishes to re-iterate that according to the Gonstitutional Scheme of things Section 12(41 of the Federal constitution should be read with Article 160 (Eleventh Schedule), which would mean both the Father and Mother must consent to any change of religion of the child. The proposed Section 107(b) and similar provisions in the State Enactments are therefore unconstitutional and must be withdrawn. More so as Section 95 as intended and passed by Parliament in 1993 carried words "lbuBapa" but when

    gazetted, words were changed


    meaning.

    to "!bu atau Bapa", thus completely altering

    the

    Daozhang Tan Hoe Chieow, President MCCBCHST

    nnlts

    Sardar Jagir Singh Deputy President MCCBCHST

    Venerable Sing Kan Vice President MCCBCHST

    ,)La_ / .-*L'
    '

    Reverend Dr. Thomas Philips Vice President MCCBCHST

    # tl##
    Y. Bhg. Datuk RS. Mohan Shan, Vice President MCCBCHST
    PMW, JMW, AMK, BKM, PJK

    Mr. Prematilaka KD. Serisena Hon. Secretary General MCCBCHST

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