Let’s not muddle the conversion issue in Deepa's case

I have kept silent about the recent Federal Court's decision in Deepa v. Izwan. There really was nothing for me to say. But this piece by Datuk Zainul Rijal prompted me to write something, because it skirts around the elephant in the room.

I will write in English because I want this to come out as soon as possible. If I can manage, I will write and expand this in BM, because what I want to say should be said in BM as well.

Disclosure: Zainul Rijal is a Facebook friend. I first knew of him some years ago when I wrote to him personally on another issue (can't remember what) relating to Islam in Malaysia. We don't see eye to eye on the topic. But we have, I believe, mutual respect for each other. So please don't think this is a bash-Zainul-Rijal piece. It is not.

His explanation – at paragraphs three and four of his piece – of section 51 and the position (or rather non-position) of the Muslim convert in family matters in the civil court is accurate. The main point he makes in the article is that the convert has rights too, and that has been overlooked, and the solution would be to establish a tribunal where judges from both the civil and shariah jurisdiction can sit and rule on cases such as Deepa's.

In the past, I would have agreed to and supported such a proposal. It's quite a win-win solution.

But now, I propose a simpler solution.

Conversion to Islam, in Malaysia, has to be done at the appropriate state authority and there will be the requisite registration so that there would be no doubt as to the status of the convert's religion. An extra step that can be done to ensure fairness is this: before a conversion is officially registered, the parents (if the convert is not married), or the spouse and children (if the convert is married), should be required by law to be informed of the proposed conversion and be allowed to make representations or objections, and all pending issues must be sorted out before the (proposed) convert is allowed to convert.

There can even be an out-of-court agreement between all parties if there is any urgency to the conversion taking place (for example if the convert is dying and wishes to die as a Muslim), and this agreement can be formally recognised at the civil and shariah courts later when ancillary issues have to be settled.

My solution merely adds an extra step in the administrative process. It is cheaper and faster than establishing a tribunal. And it forces all parties to deal with reality, i.e. the person wishes to convert, and that is that.

Faith is a powerful thing. It should not produce misery and heartache. Children being separated and growing up away from their parents is not right (not when there is nothing other than religion being used as a reason for the separation).

Fair is fair. Just is just. Let's not muddle the issue. – February 12, 2016.

*Jason Kay is a lawyer practicing in Malacca.

This appeared in The Malaysian Insider — http://www.themalaysianinsider.com/sideviews/article/lets-not-muddle-conversion-issue-in-deepa-case-jason-kay

My thoughts on unilateral conversion of minors, in 2013 — http://jasonkaykl.blogspot.my/2013/07/unilateral-conversion-of-minors-to.html

On the issue of greeting "Merry/Happy Christmas" by Muslims in Malaysia - 2015

I finally got the light bulb moment on this issue. I finally know why God allows this issue to not die. It is so that I, and Christians in Malaysia, will VISCERALLY understand Islamophobia and the hurt Muslims feel whenever a sick mad person calling himself/herself a Muslim blows up/shoots at/kills civilians and the entire Muslim community is looked upon suspiciously. 

I find it annoying and hurtful that there are people who see kristianisasi (the supposedly overt and covert efforts by Christians to convert Muslims to Christianity) everywhere, some bordering on the paranoid delusions of a conspiracy theorist. 

But in that annoyance and hurt, I forget that there are also many many Muslims (usually minorities in non-Muslim countries) who live under the daily suspicious stares and accusations by their less-enlightened non-Muslim neighbours and fellow citizens just because they wear a hijab, or grow a beard, or pray in a mosque. That must hurt. That must be frustrating. And now I know how it feels. Deep in my heart, I now know how it feels. How it hurts. And an inkling of how scary it can be - I'm speaking generally and painting with a broad brush.

It's not easy being a minority. You never have as many supporters/friends as those in the majority. 

To those who wished me "Merry Christmas" or a variant of it, I thank you. You have no idea how much it means to me this year. 

To those who didn't, it's ok. No hard feelings. We are all busy people. I myself usually don't send out holiday/birthday greetings (unless I have time, or the particular mood strikes). 

But to those who actively tell Muslims to not wish Christians "Merry Christmas" or a variant of it, I say this to you: I wish that one day you will understand how hurtful you have been, and when that day comes, I hope you will believe that I have forgiven you on this day, 26th of December 2015. Because I have. 

An early "Happy New Year 2016" to all. 

#4 | Things I Learnt This Week (That I Want To Share) #4

1. HEALTH | HUMAN RIGHTS

93% is a huge number.

"An unpublished study conducted in 2011 by the University of Malaya's department of preventive medicine in Malaysia found that 93 percent of Muslim women in Malaysia have undergone the procedure. ... The cutting that occurs in Malaysia ... falls under type IV of the WHO's classification system - the least invasive type, typically done without removing flesh. Malaysia's highest religious authority issued a fatwa, an Islamic legal edict, in 2009 making the cutting procedure required for all Muslim women, unless "harmful". ... The fatwa poses a dilemma for medical professionals caught between their unwillingness to violate WHO guidelines, and parents who feel pressure to have their daughters cut."

Female genital cutting in Thailand's south

http://www.aljazeera.com/news/asia-pacific/2015/03/female-genital-cutting-thailand-south-150309083458995.html

2. MALAYSIA | POLITICS | SOCIETY

Zan Azlee interviews Ibrahim Ali - March 31, 2015
http://english.astroawani.com/malaysia-news/5tahun2020-malaysia-too-young-form-bangsa-malaysia-ibrahim-ali-56782

3. SCIENCE | PERSPECTIVE

The visuals are stunning, the music apt... but it's the subtitles that brings it all together to remind us who we are, and how little we are.

The Known Universe by AMNH
http://youtu.be/17jymDn0W6U

Curated by,
Jason Kay
Melaka
05 April 2015

Unilateral conversion of minors (to Islam) issue in Malaysia -June/July 2013 | A note from a non-Muslim in Malaysia to the Muslims inMalaysia, with much love.

I have refrained from typing out anything long for this issue because legally, the analysis from both the Malaysian Bar Council and PPMM (Persatuan Peguam Muslim Malaysia) can be read and understood by anyone with a reasonable intelligence who puts in the time and effort. Hint: Look out for the term "obiter dicta". 

[Links to statements made by the Bar Council and PPMM]

I refrained also because I did not want to repeat the usual, "It's NOT FAIR to the non-converting non-Muslim parent," line because that is obvious. No point I add to the noise. 

But this morning, a good way to EXPLAIN this to my Muslim friends, and Muslims in Malaysia generally (who support the proposition that unilateral conversion of a minor to Islam is alright), from my point of view, that of a Malaysian Chinese Christian, dawned upon me. So this is my attempt at it.

A bit of background (And this is all true. Please do not think I am making up this story for it to be a morality tale. I don't do stuff like that): I started attending Sunday School at church at the age of 8. I went for confirmation at 15. I was active in the youth groups at church and at school. After secondary school, I began to question my faith, and Christianity, in general. I stopped going to church - purposefully and consciously. (I did still attend the cell group meetings once in awhile, but my heart was cold.)

During the time away from church, I considered other religions and atheism. The one religion/faith that I was very wary of approaching was Islam because in Malaysia, once you're in, you can never get out without serious upheavals to your life. So there was always a big "CAUTION" sign in my head whenever Islam came up for consideration. But I did happily learn many things (and this is continuing) about it. 

Long story short; after a few years, I made a decision that whatever problems I had with the church and the faith, I really did believe in the core of Christianity in my head and in my heart of hearts. (I still don't attend church regularly, but that's another story). What I did get during my years of 'wondering' was an appreciation of the different perspective different religions/faiths have on life. And for that I am very grateful.

With that background, I hope you (my Muslim reader/friend) will appreciate the seriousness I have, and hurt I feel, when I say this: I have known a few Muslims throughout the years from the time I left church up till now whose CONDUCT in life made me SO ATTRACTED to Islam that the thought that Islam is true did more than just cross my mind. They were, and are, shining examples of the faith. The beauty of Islam shines through them.

But, during that same time, the WAY some Muslims have talked/acted, for example, during the "Allah" issue, and this "unilateral conversion of minors to Islam is alright" issue, leave me in no doubt that Islam is definitely not for me. 

I need to say it like this so that you can understand what your vehement defence of the position that "unilateral conversion of minors to Islam is alright" looks from my point of view, and I dare say, from the point of view of most non-Muslims in Malaysia. The beauty and JUSTICE of Islam is the last thing that comes to mind when I hear your words defending that position.

Haughty words are not endearing. They do not win converts.

I think I can stop here. I believe you, as a Muslim, understand fully the point that I am making.

I wish you well. 

I wish you peace. 

Jason Kay

Melaka

04 July 2013

P.S. If you are wondering - Yes, I do have an answer of what would be fair in this situation: Let the child be exposed to both the original religion(s) of the parents, and Islam (since one parent has converted), and let the child choose his/her religion upon reaching majority. That would remove all arguments/heartaches/drama in the interim. As to the hypothetical situation of the child dying without believing the "right" religion, my simple naïve answer is this: Only God knows/decides who goes to heaven and hell.

To Murphy Pakiam, on the "Malaysia, a Christian country?" issue

To: Murphy Nicholas Pakiam, Archbishop of Kuala Lumpur and President of Catholic Bishops of Malaysia - frantrcakl@yahoo.com

c.c. Herald Malaysia Online - editor@herald.com.my


Hello,

I read your press statement in the 08 May 2011 edition of Malaysian Insider and Malaysia Today. Good press statement. But, I have to nitpick k :-)

You said, “On behalf of the Catholic Bishops of Malaysia, I would like to categorically refute the allegation that such a meeting had taken place or will take place in a Catholic venue in Penang.” Itu cukup lah. Why pulak you have to go and add the following comment, “It is clear that such reporting has the effect of creating religious disharmony, inciting hatred and heaping odium on Christians”? Itu overkill lah bro. Dah refute dah lah.

Then you go on to tell the police what to do: “We therefore call upon the authorities and the police to immediately make a thorough investigation of this matter … yada yada yada”. Hello!!! They know how to do their jobs lah. They are police. They are not dummies. Bernama reported that on 07 May 2011 (i.e. 1 day before 08 May 2011) Home Minister already said police “are taking actions”. Bagi police some space to work lah - they will do their job.

In the meantime, take a chill pill, and dun worry k.

;-)

In Christ,
Jason Kay
Melaka
09 May 2011

========================

http://www.bernama.com/bernama/v5/newsindex.php?id=584728

May 07, 2011 17:46 PM

Hisham: Agenda To Make Christianity Official Religion A Serious Matter

BESUT, May 7 (Bernama) -- Home Minister Datuk Seri Hishammuddin Tun Hussein has described as serious a purported meeting of pastors in Penang allegedly to discuss making Christianity the official religion of the federation.

He said any action by followers of a religion would invite reactions from followers of others.

"The same goes in racial issues. If certain races resorted to raising issues in an excessive manner, it will invite reactions from other races," he told reporters after opening the Besut Umno division meeting, here Saturday.

Hishammuddin, who is Umno vice-president, said he was now awaiting reports over what transpired at the meeting.

"But I prefer to face those who don't understand the actual situation. We should give explanation over such issues that are being fanned by certain quarters.

"If they are adamant on creating disunity even after we have given explanations, then I think the police will make a decision (on the actions to be taken).

"It's the police, not me, (who are taking actions), otherwise we'll be accused of playing politics," he said, adding that in handling such matters, the government gave priority to security.

"I will monitor, not just this group, but also extremists among Muslims who want to avenge the death of Osama bin Laden," he said.

In another development, he said police would investigate claims about the existence of another sex video implicating an opposition leader believed to have been produced in Thailand.

"Police will investigate this and will take action against those found to have committed offences. No one is above the law," he said.

Meanwhile, in Kuala Lumpur, secretary general of the Malaysian Chinese Muslims Association, Ann Wan Seng, cautioned Muslims against attempts by certain quarters to undermine the position of Islam as the country's official religion.

He said Muslims were taking too much comfort over the position of Islam as enshrined in the Federal Constitution.

Speaking at an Islamic organisations' leadership forum, he said, there were numerous issues affecting Muslims to date which he said should be given attention.

Among them were apostasy, burials of the bodies of Muslim converts and the requirement for new converts to inform their family members before they were allowed to register their religious affiliation, he added.

He also claimed that apostasy issues were connected to what he described as clandestine operations by certain quarters.

Kulim Bandar Baharu MP Datuk Zulkifli Noordin said there were young Muslims in the country who had gotten carried away with liberalism to the point of neglecting their own religion.

He said they were easily confused by the issue surrounding the use of the word "Allah" and attempts to convert Muslims to become Christians.

He added that these groups argued that the word "Allah" can be used by all religions and that changing of religions should be allowed.

"This should be given attention because these young minds are confused by those with self interest who are out to propagate their own religion," he said.

"Non-governmental organisations (NGOs) should engage these young people and explain to them so that they are clear about the agenda of certain quarters who wanted to propagate their religion among Muslims," he said at the gathering of Muslim organisations organised by Pembela, a Muslim NGO, in Kuala Lumpur.

In Tumpat, Malay rights group Perkasa said it would lodged police reports nationwide over the alleged attempt to make Christianity the official religion of the federation.

Its president Datuk Ibrahim Ali said until this evening, 10 police reports had been lodged, urging the authority to investigate the matter.

"This is about sensitivity and this is very serious. Perkasa calls on the police to investigate this.

"If it is true as reported, then Perkasa is very disappointed because this is about religion, a very sensitive issue," he told reporters.

-- BERNAMA

Alcohol, Secularism and Religion (oh, what a combo)

05th March, 2011

To: Editor, The Star - editor@thestar.com.my
c.c. IKIM - info@ikim.gov.my

Hi there :-)

I read this first, Need to understand other religions, so naturally I also clicked on the link the read High time to cut alcohol abuse. Interesting stuff.

If you're going to edit my letter, don't bother publishing it. So, for your eyes (and whoever happens to pass by my blog), here's my sweet and short comments on the issue/article.

1. Sweeping generalizations are so funny. For example, "The truth is that all religions are against liquor. That’s why secularism is a common enemy to all religions.", & "Followers of all religions must deem liquor as a substance prohibited by God.", & "Even atheists are advised to despise it on moral and ethical grounds.", & "All must stay away from it for the good of all mankind." Absolutely HILARIOUS stuff!!!
   
2. Did you do heavy editing, and I mean seriously heavy editing, on the IKIM piece? Disjointed is a charitable way to describe it.
   
3. Christians, for the uninformed, do use wine (which contains alcohol) during Holy Communion a.k.a The Lord's Supper, which is a sacrament. I'm sure you know the big words in the preceding sentence. For the uninformed, I introduce you to my friend named Google - go ahead, knock yourself out. It's fun learning new things without being spoon-fed. Even if I wanted to, Article 11(4) of the Federal Constitution prohibits me from spoon-feeding.

So that's it, the short and sweet comment.

Jason Kay