AN interfaith group has called for the government to uphold the position that both parents must consent before a minor can be converted, saying both parents have equal rights over the child under the Federal Constitution.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) was reacting to the stand taken by the Attorney General’s Office on the lawsuit filed by M. Indira Gandhi and 13 others challenging provisions in several state enactments relating to the conversion of minors.
The plaintiffs argue that these laws in Perlis, Kedah, Melaka, Negeri Sembilan, Perak, Johor, and the federal territories are unconstitutional, citing the 2018 Federal Court decision in Indira’s own case.
That ruling held that the word “parent” in Article 12(4) must be read as plural, meaning the consent of both parents is required for a child’s conversion.
However, Hanir contended that the 2018 ruling was fact-specific to Indira’s case and that applying a blanket rule of mutual consent “oversimplifies the complicated concept of the welfare of children.”
However, Free Malaysia Today reported senior federal counsel Ahmad Hanir Hambaly as saying on Tuesday (Feb 3) that a minor’s conversion to Islam requires the consent of only one parent or guardian
Hanir, appearing for the federal government, asserted that Article 12(4) of the Federal Constitution did not mandate the approval of both parents but required only the consent of at least one responsible adult, whether a parent or guardian.
On this matter, MCCBCHST argued that any move to allow a single parent to convert would be unjust, immoral, against the interest of the child and family and against the said Federal Court decision.
“Both parents have equal rights over the child under the Federal Constitution and it would be in his/her interest and welfare to require both parents consent before he/she could be converted,” it stressed.
“This is also the clear position of the law as held in Indira Gandhi’s case where the Federal Court in applying the purposive interpretation of Article 12(4) ruled that the consent of both parents was required before a minor could be converted.
“Any move to allow a single parent to convert would be unjust, immoral, against the interest of the child and family and against the said Federal Court decision.”
MCCBCHST went on to call for Putrajaya to discuss this matter on an urgent basis and take steps to ensure that both parents’ consent should be mandatory before a minor could be converted.
“(The government) must introduce the appropriate legislations in Parliament to crystalise this if necessary,” it stressed.
“This is necessary to prevent unnecessary challenges in the future and to protect the minor’s welfare and interest.”
In the latest proceedings, the plaintiffs, including Indira, further maintained that state laws allowing unilateral conversion of minors were unconstitutional, as they “breached” Article 12(4), which requires parental consent for a child’s religious upbringing.
Relying on the Federal Court’s 2018 ruling in her own case, Indira said the word “parent” in Article 12(4) should be interpreted as “parents” if both are alive, meaning both the mother and father must consent before a child born to non-Muslim parents can be converted to Islam.
The plaintiffs are seeking a declaration that all unilateral conversions carried out in those states since the 2018 decision be invalidated.
Alternatively, they seek an order that such conversions be subject to the consent of both parents and reversed if either parent refuses to do so within one year of a court order.
The suit is the latest chapter in Indira’s nearly 18-year battle. Her daughter, Prasana Diksa, was abducted by her ex-husband, Riduan Abdullah, in 2009 when she was just 11 months old.
Riduan had converted all three of their children to Islam without Indira’s consent.
In 2018, the Federal Court nullified those conversions and ordered the police to arrest Riduan and return the child. To date, both Riduan and Prasana remain missing. ‒ Feb 6, 2026
Main image: NST
