CONVERSION: What state enactments say

The letter to the editor which appeared in the NST 27^th April 2009 gave the legal perspectives of the current conversion to Islam issue.

The concluding paragraphs are points to ponder for those who are adamant in converting babies and children to another religion.

“From the above provisions, conversion to Islam is clearly a personal act of utterance of the two clauses of the affirmation of faith by the person wishing to convert. And he or she does it on his or her own free will.

So, how could a parent convert his or her child to Islam? He or she 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.

Does the conversion to Islam by a parent make his or her children Muslims? The legislative answer is no. This is because Section 2 defines a 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.”

Quite a number have forgotten those facts.

The full letter:

CONVERSION: What state enactments say

By : MOHAMAD HAFIZ HASSAN,

International Institute for Advanced Islamic Studies Kuala Lumpur

THE law relating to conversion to Islam is dealt with under provisions of the various states' Administration of Islamic Law Enactments.

The law was simple to begin with. The earliest enactments merely provided that the Majlis (Islamic Religious Council) was to keep a register of converts, that no person should be converted otherwise than in accordance with the provisions of the enactments or any rules made thereunder, that no person who had not attained the age of puberty should be converted, and that all conversions should be registered by the Majlis (see, for example, Selangor's Administration of Muslim Law Enactment 1952).

The current law is more elaborate, contained in 10 to 11 sections, depending on which state enactment one is looking at. The provisions contained in most of these enactments relate to requirements for conversion, moment of conversion, duties and obligations of a convert, Registrar and Register of Converts, registration of converts, certificate of conversion, recognition of a convert as a Muslim, determination of religious status of an unregistered convert, offence for false information, power to make rules, and capacity to convert (see, for example, Federal Territory's Administration of Islamic Law Act 1993).

Clearly, the current law retains and elaborates the statutory regime for registration of converts.

Let's look at Perak's Administration of the Religion of Islam Enactment 2004. The provisions relating to requirements for conversion to Islam are found in Section 96. It states, among others, that for a valid conversion of a person to Islam, the person must utter in reasonably intelligible Arabic the two clauses of affirmation of faith, 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 must utter the two clauses on his or her own free will.

As soon as he or she finishes uttering the two clauses, he or she becomes a Muslim and shall be referred to as a muallaf (Section 97). The muallaf may then apply to the Registrar of Muallaf for registration.

If the registrar is satisfied that the requirements of Section 107 have been fulfilled, he may register the muallaf's name and other particulars in the Register of Muallaf. In so doing, the registrar has a duty to determine the date of conversion to Islam and enter the date in the register (Section 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.

Above all, there is 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.

From the above provisions, conversion to Islam is clearly a personal act of utterance of the two clauses of the affirmation of faith by the person wishing to convert. And he or she does it on his or her own free will.

So, how could a parent convert his or her child to Islam? He or she 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.

Does the conversion to Islam by a parent make his or her children Muslims? The legislative answer is no. This is because Section 2 defines a 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.