Conversion and Confusion ***

Came across an interesting, although confusing article in the STAR recently: http://thestar.com.my/news/story.asp?file=/2009/8/18/focus/4540535&sec=focus
It was by one Dr Wan Azhar of IKIM (Institut Kefahaman Islam Malaysia). It was entitled “Religious conversion, children and confusion”.

He said:
The long existing misunderstanding over the religious status of minors resurfaced when an ill-informed Cabinet minister announced that the religion of minors from non-Muslim parents, upon the conversion of any of the parents to Islam, remains in the religion under which the marriage was solemnised. Such a statement contradicts the Federal Constitution and some religious positions. It worsens the confusion among the people and draws criticisms from both Muslims and non-Muslims.

Then he quoted several Islamic scholars and authorities. In effect he said:
In Islam, if a child was born from Muslim parents, jurists unanimously agreed that he or she is a Muslim. Similarly, if the child was born from a Muslim father and a non-Muslim mother, he or she is a Muslim. The principle applied by jurists here is in terms of religion, the child follows the best religion of his parent. Since Islam is deemed the best religion, the child follows the religion of his or her Muslim parent, either father or mother.

He went on:
What is the status of a child’s religion if both parents renounce Islam and become apostates? Jurists from all legal schools maintain that the child remains a Muslim.
If only one parent embrace Islam, their underage child becomes Muslim too. Between the two parents, the position of the one who embraces Islam is ‘stronger’ compared to the non-converting spouse. Therefore, a child follows the religion of the ‘stronger’ party.

After all this, he says, inexplicably:
When a marriage breaks down due to conversion to Islam, the best solution must be sought from the religion under which the marriage was solemnised or the law under which the marriage was registered. All disputes pertaining to property, custody of minors and other ancillary rights must be resolved under that religious or legal system.