Unilateral conversions of children into the Muslim faith have always been a contentious issue in Malaysia.
This is not only because they usually begin with custody abductions and end with the left-behind parent being deprived of the children, but also because of the perception that law enforcement and officialdom will conspire to always side with the Muslim parent.
This then gives rise to the bitter idea that Islam will never be fair to non-Muslims. And though in theory Islam prioritises compassion and justice, sometimes, this is not reflected in the interactions between some of its followers and other Malaysians.
And this divisiveness will only continue for as long as the law does not come down hard on unilateral conversions. For not only is this schism occurring between Muslims and other Malaysians, but, there is also trouble brewing between the civil and syariah legal systems.
In the most recent case of Hindu mother Loh Siew Hong's three children, who were converted without her consent in Perlis, the conversion occurred despite it being constitutionally illegal, because, the Perlis mufti claims, unilateral conversions are allowed in the state's syariah laws. This is problematic on various fronts.
The Federal Constitution is the supreme law of the land and its jurisdiction takes primacy over all other jurisdictions, save when expressly listed in the Constitution. So, when the Federal Constitution says unilateral conversions of children is not allowed, and it makes no exceptions to this, that is the law.
So, when the mufti, who is a government official and a religious leader, dismissed the supreme law of this land as if it were an irrelevant, inconsequential matter, his action invites others to also show contempt for the Constitution.
This is wrong from both the moral as well as Islamic perspective. And forcibly separating a mother from her children is wrong. Islam enjoins all offspring to honour their mother, above all other humans in their life — even above their father, thrice over — regardless of the mother's religious beliefs. In a way, the wisdom of Solomon showed itself in Loh's case, where the mother loves her children so much that at one point, she was even willing to give up her religion to be reunited with her children.
Compare that with the proclaimed religious people, who put the religion before the mother's supreme right.
Unless Perlis is planning on somehow seceding from the Federation, its officials should be schooled on the federal law. And the federal government itself must be clear on the law and enforce it. If the unilateral conversion of children is illegal, then all conversions of children that take place without the presence and consent of both parents must be invalidated.
To avoid further conflict, proselytising to children of any religion should be made illegal, save with the consent of both parents. But of course, it is one thing to make laws, it is another to enforce them. It is not enough for the courts to nullify the conversions; legal action must be taken against those who facilitate these illegal conversions, as well as those who are accomplices in child abductions.
Disciplinary action should also be taken against government officers who disregard federal laws. Malaysia's Constitution was drafted taking into balance the diversity of its people, and this balance and diversity should be cherished and protected.