Indira: Invalid Islamic conversion of Indira’s three children - MCA/Gerakan should stop|
Contributed by Anonymous on Friday, May 01 @ 11:31:47 CDT
Lim Kit Siang, May 01 2009
MCA and Gerakan leaders have not learned the message of the March 8
“political tsunami” last year, when both parties were thrashed in the
parliamentary and state general elections.
In the past 11 months, MCA and Gerakan have lost even more public
confidence, which was why, according to the Minister in the Prime
Minister’s Department, Datuk Seri Nazri Aziz, the Barisan Nasional only
secured 11% of the Chinese votes in the recent Bukit Gantang
by-election, causing Nazri to remark that Umno must go on its own to
regain the support of non-Malay voters and not depend on other Barisan
Nasional component parties.
Shared with Gerakan’s by-election efforts and giving MCA the benefit
of the doubt as to who wielded greater influence with the Chinese
voters in Bukit Gantang, this means that MCA could only influence at
most six per cent, and Gerakan five per cent, of the Chinese voters!
Why is this so?
The answer is very simple – the people can see through the
continuing hypocrisy and double standards of the MCA and Gerakan
The latest example of MCA and Gerakan’s continuing unprincipled
politics of opportunism and hypocrisy is the recent Cabinet decision on
“common religion” for children in controversial unilateral conversion
cases - that the civil marriage has to be settled by the civil court
and the religion of their children be the common religion at the time
their parents were married at civil law.
This Cabinet decision arose from the latest case of controversial
unilateral conversion where Ipoh kindergarten teacher Indira Ghandi’s
three children Tevi Darsiny 12, Karan Dinish 11 and year-old Prasana
Diksa were converted by her husband K. Pathmanathan, now known as Mohd
Ridzuan Abdullah, without her consent.
The Cabinet also decided that the year-old baby daughter, Prasana
Diksa, forcibly taken away by the father for more than a month although
she was still being breastfed by Indira, should be returned to the
This was the decision of the Cabinet, supported by MCA and Cabinet
Ministers. However, this decision is not supported by the usurper Perak
Barisan Nasional state government, which includes an MCA Exco member
and Gerakan appointed adviser who is none other than the Gerakan Deputy
Chairman Datuk Chang Ko Yuen.
The refusal of the usurper Perak Barisan Nasional state government,
together with the leaders from its component parties of MCA and
Gerakan, to give full support to the Cabinet decision is all the more
shocking and deplorable as the “forced conversion” of Indira’s three
children is clearly unIslamic, invalid and violate Perak’s
Administration of the Religion of Islam Enactment 2004.
This has been clearly pointed out by a researcher at the
International Institute for Advanced Islamic Studies (IIAIS), Mohamad
Hafiz Hassan (Malaysian Insider 24.4.09)
who said the current law relating to conversion to Islam in Perak is Section 96 of the enactment.
Mohamad Hafiz states:
“The provisions relating to requirements for conversion
to Islam are found in section 96 of the enactment. It states, among
others, that for a valid conversion of a person to Islam, the person
(a) must utter in reasonably intelligible Arabic the two clauses of
affirmation of faith; (2) must be aware that the two clauses mean “I
bear witness that there is no god but Allah and I bear witness that the
Prophet Muhammad s.a.w. is the Messenger of Allah”; and (3) must utter
the two clauses on his or her own free will.
“As soon the person finished uttering the two clauses, he or she
becomes a Muslim and shall be referred to as a muallaf (s 97). A
muallaf is defined as a person who has just converted to Islam (s 2).
“The muallaf may then apply to the Registrar of Muallaf for
registration as a muallaf. If the registrar is satisfied that the
requirements of s 96 have been fulfilled, he may register the muallaf’s
name and other particulars in the Register of Muallafs.
“In so doing, the registrar has a duty to determine the date of conversion to Islam and enter the date in the register (s 100).
“There is another provision which is of particular importance. It is
section 101 which provides that the registrar shall issue a certificate
of conversion to every person whose conversion has been registered. It
also provides that the certificate of conversion shall be conclusive
proof of the facts stated therein.
“There is also section 106 which provides that a person may convert
to Islam only if he or she is of sound mind and has attained the age of
18 years. If below that age, he or she must have the consent of the
parent or guardian.”
Mohamad Hafiz asked:
“So, how could a child be converted to Islam by the
parent? The parent can only consent to the child’s conversion. The
child’s conversion to Islam, in any case, is not valid if the child has
not uttered the affirmation of faith on his or her own free will.
“A certificate of conversion, if ever issued, will not remedy the
non-compliance with requirements of a valid conversion to Islam.”
Are the conversion of Indira’s three children by Pathmanaban/Ridzuan valid?
This is Mohamad Hafiz’ answer.
“Does the conversion to Islam by a parent make his or
her children Muslims? The answer lies in section 2 which defines
“Muslim” as … (b) a person either or both of whose parents were at the
time of the person’s birth, a Muslim; (e) a person who has converted to
Islam in accordance with section 96.”
It is clear that Indira’s three children have not been validly
converted to Islam as neither one of the two provisions of valid
conversion had been complied with.
It is most shocking that the usurper Perak Barisan Nasional state
government has refused to give full support to the Cabinet decision,
both on the “common religion” decision as well as to take all necessary
measures to help Indira get back her baby daughter.
It is doubly shocking that the MCA and Gerakan leaders in Perak are
prepared at the Perak state level to be a party to the refusal of the
usurper Perak Barisan Nasional government to give full support to the
Cabinet decision – playing the double game of MCA and Gerakan support
for the Cabinet’s “common religion” position at the national level but
not at the state level.
The MCA and Gerakan leaders should stop this unprincipled politics of opportunism and hypocrisy.
The MCA and Gerakan leaders in Perak should not only give full
support to the Cabinet decision but ensure that the usurper Perak BN
state government make such a clear stand without equivocation, failing
which they should withdraw from the usurper Perak BN state government.
Alternatively, the national leadership of MCA and Gerakan should
repudiate their respective state leaders in Perak for a most
unprincipled and opportunistic stand.
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