92

Singapore Academy of Law Journal

(2012) 24 SAcLJ

UNILATERAL CONVERSION OF A CHILD’S
RELIGION AND PARENTAL RIGHTS IN MALAYSIA
The issue of unilateral conversion of a child to Islam by one parent who has embraced Islam and the subsequent tussle over the custody of the child between the disputing parents in the civil court and the Syariah Court has of late ignited controversy in Malaysia. This article seeks to examine the extent of the non-Muslim parent’s right to determine the child’s religion, the impact of the unilateral conversion of the child to Islam on the parents’ custodial right in a family dispute and how the existing legal and judicial systems in
Malaysia can be strategically used to achieve one’s aim.

KUEK Chee Ying
LLB (Hons) (University of Malaya), LLM (University of Malaya);
Lecturer, Faculty of Business and Law, Multimedia University.
TAY Eng Siang
LLB (Hons) (University of Malaya),
LLM (Distinction) (University of Malaya);
Lecturer, Faculty of Business and Law, Multimedia University.

I.

Introduction
1

1
Malaysia is a multi-ethnic and multi-religious country. The
Federal Constitution of Malaysia guarantees freedom of religion where every person is granted the right to profess and practise, and, subject to
2
3 certain restrictions, to propagate his or her religion. Though not

1

2

According to the Population and Housing Census 2010, the total population of
Malaysia was 28.3 million, of which about 91.8% were Malaysian citizens. Of the total Malaysian citizens, Bumiputera (Malays and other indigenous people) comprised 67.4%, Chinese 24.6%. Indians 7.3% and others 0.7%. The same census also revealed the proportion of persons embracing different religions, namely,
Islam (61.3%), Buddhism (19.8%), Christianity (9.2%) and Hinduism (6.3%)).
See: “Population Distribution and Basic Demographic