DAR AL ISLAM - MALAYSIA: FATHER'S (RECENTLY REVERTED) ARE REVERTING THEIR UNSUSPECTING CHILDREN TO ISLAM, BEFORE THEY DIVORCE THEIR INFIDEL WIVES

Malaysia crisis over sharia law
Simon Kearney, Kuala Lumpur

MALAYSIA is considering amending its constitution to head off a political crisis over decisions in the country's Islamic courts forcing children to convert to Islam.

The country's ruling coalition, the National Front, has begun behind-the-scenes discussions about amending the constitution to stop Muslim-convert fathers converting their children as a prelude to divorcing their non-Muslim wives.

The loophole has emerged in several cases since 2003 after a series of non-Muslim fathers converted to Islam without their partner's knowledge and petitioned the sharia courts - who have jurisdiction in family law matters for Muslims - to divorce their non-Muslim partner and, at the same time, claim custody of the children by arguing they were also Muslims.

On Friday, the mother of two in the latest case, 28-year-old R. Subashini, won the right to appeal to Malaysia's Federal Court - the country's final court of appeal - to challenge a sharia court decision to give custody of her four-year-old eldest son to her husband, Muhammad Shafi Abdullah, 31, who converted to Islam without her knowledge in May last year.

A Court of Appeal decision last year, which ruled that civil courts had no jurisdiction over the sharia courts, has created concern that no matter the outcome of the appeal, she could be powerless to stop the sharia court taking jurisdiction of the case.

At issue is Article 12 of the constitution, which guarantees no Malaysian can be forced to be involved in a religion that is not their own, but which also says someone under 18 shall have their religion determined by a parent or guardian. This has been interpreted by at least one state High Court in Malaysia as meaning the father has the right to determine the child's religion.

The Malaysian Government - which has been in power since the country's independence 50 years ago - is considering making the clause plural, giving both parents a say in the decision.

"We want to add in the letter 's' after the word," a government insider told The Australian last week, on condition of anonymity.

"We believe we need to do some damage control. This is enough to kill us politically. If we don't get this solved (voters) will punish us."

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