Mediation Not The Way To Resolve Interfaith Custodial Dispute

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An interfaith council has raised concerns over Minister in the Prime Minister's Department (Religious Affairs) Mohd Na'im Mokhtar's reported proposal for an out-of-court mediation centre that could resolve disputes involving Muslims and non-Muslims.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) cited Naim's vision to set up an alternative platform for divorced couples caught in custody battles where one party has converted to Islam.
"Whilst the intention of the minister is noble that is to resolve a custodial conflict through mediation, it may not work in practice.
"This may instead complicate issues by delaying court hearings and the matter may be politicised," said the council representing all major non-Muslim faiths.
Rather than establish another platform, MCCBCHST said the remedy for such conflicts surrounding the unilateral conversion of children lies in the Federal Constitution and reaffirmed in court.
Specifically, the council cited a 2018 Federal Court judgment in M Indira Gandhi’s case that the word "parent" in Article 12(4) which is singular will include the plural "parents" by applying the interpretation clause.
Minister in the Prime Minister's Department (Religious Affairs) Mohd Na'im Mokhtar"The problem arises because many state governments have enacted state laws to say that a single ‘parent’ can convert a minor to Islam. This is clearly unconstitutional.
"Here is where the federal government must advise the state governments to amend their state constitutions to bring it in line with the Federal Constitution," said the council.
"Only the parent will know the grief suffered when his/her child is forcibly taken away and converted without his/her consent or knowledge.
"This is grave injustice inflicted on the parent whose child is so converted without her/his consent or knowledge," they stressed.
In making the proposal, Na'im reportedly said the mediation process would be informal and requires a suitable platform to be implemented to help the parties involved, apart from the syariah and civil courts.
He was commenting on a child custody case following a viral video on social media recently showing a mother and her nine-year-old child being separated after the Kuantan High Court decided that the child's custody be handed over to the father.
It is understood that the child is of an Orang Asli couple who have divorced and was previously being looked after by the mother who had embraced Islam.
The Kuantan High Court on Thursday ordered the child to be handed over to the non-Muslim father through a habeas corpus order. - Mkini

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