KOTA KINABALU: The cabinet’s decision to withdraw the controversial Administration of the Religion of Islam (Federal Territories) Bill 2013 is reflective of the Barisan Nasional’s sensitivity and concern for public opinion.
It also showed that the government does not act in haste when passing legislations that affect the people’s personal lives, Deputy State Speaker Datuk Johnny Mositun said.
Mositun, who is also Parti Bersatu Sabah (PBS) information chief, said Deputy Prime Minister Tan Sri Muhyiddin Yassin had assured that the Bill, presented for its first reading in the Dewan Rakyat on June 26, had been withdrawn because the cabinet wanted the issue on determination of a child’s religion under controversial circumstances to be resolved in a fair manner to all parties concerned.
“The withdrawal of the Bill and Tan Sri Muhyiddin’s assurance and clarification should put to rest any accusations that the BN government is not sensitive to the people’s feelings,” he said.
The controversial Bill had drawn criticism from various quarters because of a Federal Court ruling interpreting the word ‘parent’ as singular in the context of Clause (4) Article 12 of the Federal Constitution which provides for the religion of anyone under the age of 18 to be decided by his or her parent or guardian.
“It might not matter so much in the case of a child with only a single parent or guardian, but it certainly matters when it concerns both parents of a child. If the word ‘parent’ is interpreted in the singular, it would mean that one parent can arbitrarily convert a child to Islam without the knowledge or consent of the other, whatever the motive.
“It is not right to rush a Bill through Parliament without first studying its implications in the context of our multiracial society,” Mositun added.
He also said that he concurred with the views of the Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism that the Bill should be withdrawn in the interest of national unity and social harmony.
“I am also of the view that the government should not attempt to re-introduce this Bill or any other Bill with similar clauses which would have the same effect.
“As long as frequent and regular consultations are held between the government and religious authorities, and also between Islamic and non-Islamic authorities and representatives, I am confident that such controversial issues can be resolved in everybody’s interest without rancour or distrust,” Mositun said.
Muhyiddin said that the cabinet, which met Friday, had agreed to retract the Administration of the Religion of Islam (Federal Territories) Bill 2013.
The bill was tabled for the first reading at the Dewan Rakyat on June 26 by Minister in the Prime Minister’s Department Datuk Seri Jamil Khir Baharom.
Muhyiddin said the issue on the status of a child’s name, in cases where the mother or father of the child converted to Islam, had been discussed at length by the Cabinet taking into consideration the views and concerns of various quarters including Barisan Nasional component parties.
“The cabinet had agreed that the retraction of the Bill was necessary to ensure that the issue on the determination of the child’s religion in such cases was resolved in a fair manner for everyone,” he said in a statement Friday.
Muhyiddin said the decision to retract the Bill was also made in order to give ample time to the government and everyone else to review the Bill in a holistic manner.
“The Bill will only be tabled again after getting the agreement of all quarters,” he said.
Meanwhile, Energy, Green Technology and Water Minister Datuk Seri Panglima Dr Maximus Ongkili said the government’s decision to retract the bill showed the Barisan Nasional is open to views and opinions on matters that concerned the people.
It also showed that the Cabinet took into consideration the views of the people and did not act unilaterally.
“The government is willing to break new grounds in arriving at decisions that affect many parties. The Cabinet unanimously agreed to withdraw the bill due to the contentious clause that allows one parent to convert their child to Islam. This was done in the interest of the people and not due to pressure from any party,” he said.
He added that the decision would also allow discussions and consultations on the intention or interpretation of the contentious clause to be carried out.
“I am grateful that our Prime Minister and Deputy Prime Minister listened to all views expressed by the coalition parties, including by Sabah and Sarawak MPs, on the matter as it has implications to those who are non-Muslims,’ he said.
Dr Ongkili added that the MPs from Sabah and Sarawak were able to make their voice heard louder because they had a big representation in Parliament.
“Sabah and Sarawak make up 47 out of the 133 Barisan Nasional MPs in Parliament and therefore our voice is formidable and we can influence the direction, policies and contents of laws to ensure they reflect the needs of the people.
“The people of Sabah and Sarawak should appreciate this as had our representation in Parliament been marginal we would not have this voice,” he said at a gathering with the people and opening of the ‘tagal’ (no fishing zone) at Sg Pamaitan in Kg Wokok, Marak Parak, Kota Marudu yesterday.
Dr Ongkili, who is also Kota Marudu member of parliament, said the decision to withdraw the bill was done in Barisan Nasional’s spirit of consensus.
“The welfare of the people in religious matters will continue to be protected because Barisan Nasional listens to the people, including Sabah and Sarawak,” he said, adding that Sabah and Sarawak’s representation in Parliament was acknowledged by the Prime Minister who appointed a higher number of 13 Cabinet ministers from the two states.