2 theSun | MONDAY APRIL 27 2009

news without borders

Don’t politicise
issue, says Gerakan
PETALING JAYA: Family disputes, prior to the conversion must not
This is an
executive
Conversion issue needs
thorough study: Expert
such as the one involving Indira be allowed to lapse, and fulfilling decision
Gandhi and her husband, A. Pat- them is imperative,” he said. on a
manathan @ Mohd Ridzuan Ab- “We cannot use legal avenues policy
dullah, should not be politicised, to escape from legal obligations that
Gerakan deputy president Datuk because it would contravene needs
Chang Ko Youn said yesterday. the principles of natural justice.
Chang, the party’s Central Furthermore, religions, too, must
to be
and Legal Human Rights Bureau be shielded from questionable debated by Maria J. Dass expert said yesterday. ingam vs Saravanan Thangathoray,
chairman, expressed sympathy conversions.” on and newsdesk@thesundaily.com However, Prof Dr Shad Saleem the Federal Court advocated in fa-
with Indira’s situation and said He urged all parties to remain where Faruqi said, there needs to be thor- vour of the syariah courts based on
that mother and child should be calm and not use this issue to laws PETALING JAYA: The policy an- ough examination of the complex Article 12(4) of the Federal Constitu-
reunited as soon as possible. garner political mileage. need nouncement by the cabinet that a issues surrounding the policy tion, which states that the religion of
“I fully sympathise with Indira Chang said that while he con- to be child’s religion must be in accord- before it is implemented. a person below the age of 18 shall
and the situation she finds herself gratulated Prime Minister Datuk changed.” ance with the common religion of “Prime Minister Datuk Seri be decided by his mother or father
in, and the fact that she has been Seri Najib Abdul Razak and the the parents at the time of marriage Najib Abdul Razak should be or guardian.
separated from her 11-month-old ministers assigned to the issue even though the mother or father complimented for taking the bull “However, this decision con-
baby makes it more wrenching. I for coming out with a fair solution, later embraced another religion is by the horns and for not sweeping veniently or inconveniently does
believe it is in the best interests the Attorney-General’s Chambers long overdue, a constitutional law things under the carpet, as in the not pay heed to the attachment in
of such a young child to be with should draft the relevant amend- past (administrations),” he said. the form of the 11th schedule of
her mother who can best cater to ments to give weight to the “But this is a policy on a deep the Federal Constitution that states
her needs,” he said. cabinet directive. and difficult issue. clearly that words in the singular
Chang urged all parties to “We urge the A-G’s Chambers “I agree with the policy because include the plural and vice versa,”
adopt a “fair and open-minded” to draft the amendments to the this issue has been dividing our he said.
approach to such cases. legislation as soon as possible to society and splitting it, and old “This attachment seems to have
“Unfortunately, this is not the give effect to the cabinet’s direc- wounds have been allowed to fester slipped the attention of the lawyers
first time we have had such a case. tive and to prevent any irrespon- for far too long. However, I am not in that court.
While it is the constitutional and sible parties from exploiting the in favour of the manner in which it “Now we have a wrong decision
moral right of a person to choose issue to the detriment of national is handled.” that is binding and we need legisla-
his religion, the obligations he had unity and harmony,” he said. Shad said time is needed to tive intervention to rectify the mess,
deliberate on the many issues and a truly legal mess that will have an
Draft law, Bar Council urges implications of the policy “and this
cannot be done in just one morn-
impact on an array of issues like
conversion, child custody and cus-
A-G’s Chambers ing”.
“Laws cannot be made by policy
tody at death, among others.
“In all fairness to the judges, in
statements made by non-lawyers,” a matter as sensitive as this, parlia-
by Tan Yi Liang where there should be no com- he said. ment must take a stand and not
newsdesk@thesundaily.com pulsion to change the religion of a “This is an executive decision expect the judges to bear the burden
child because one parent converts on a policy that needs to be debated of bringing forward justice for the
PETALING JAYA: The Bar Council to Islam,” he said. on and where laws need to be parties concerned.
has welcomed the decision by “Of course, if the child is of a changed.” “We cannot just continue to
the cabinet on the conversion of mature age and is not subject to He said the current laws pertain- sweep things under the carpet for
children. any duress or influence and is of ing to conversions are in a state of too long. There has to be a solution
The chairman of its Constitu- sufficient maturity, international “confusion and mess”. met through negotiations and the
tional Law Committee, Edmund law provides that the child should In the case of Subashini Rajas- spirit of Merdeka.”
Bon, said: “The Bar Council have a say in the adoption of his
welcomes the decision, which is or her own religion.”
consistent with the position we Bon called on the Attorney-
took when Tun Abdullah Ahmad General’s Chambers “to work to
Badawi was the prime minister.
“And when there was a debate
draft a law putting the cabinet
decision into action”.
Publishers of Malay bible taken to task
on recommendations for the Law “The A-G must draft the law to PETALING JAYA: Catholic newspaper God. There is no such word as Elohim in “In the first Malay-Latin dictionary,
Reform Bill, that was our sugges- implement this policy, and clarify Herald, in its latest edition, takes to task the Malay language.” which dates back to 1631, the translation
tion – that the child continues in the constitution. The A-G must the publishers of a new Malay bible He said “Elohim” is the Hebrew word for Deus is Allah,” he said.
the religion of the marriage.” clear any doubts in the constitu- which uses the Hebrew words “Elohim” for God. This was the accepted term for God in
Bon told theSun yesterday such tion as the Malay language version and “Yaweh” for God instead of “Allah” “What I had discussed in the article is Arabic and Malay for centuries.
conversions should only be made says that as long as one parent which, it says, is the correct Malay word in reference to one particular text, that is Lawrence said the publishers of the
by the children themselves when converts the child, it is sufficient. for God. John’s gospel, which was written fully in bible, from Indonesia, also used the
they were of a sufficient age. However, the English version says The paper’s editor, Father Lawrence Greek, whereas the Old Testament was word ‘‘Yaweh” for the Lord, a term the
“I think that it is right, and that that the consent of both parents is Andrew, told theSun: “Allah is the correct all written in Hebrew,” he said. Pope had decreed not to be used out of
it is consistent with past practices needed. There is an ambiguity.” Malay word to be used in reference to The Greek word for God is “Deus”. respect for God

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