CONVERSION OF MINOR TO ISLAM IN MALAYSIA: WHITHER CONSENT OF PARENTS?

Abstract

This article highlights the issue of parental consent in the conversion of minor to Islam. There seem to be conflicting court decisions in this matters. Certain decisions affirmed consent of both parents while in some other cases, only consent of one parent is sufficient for a minor to convert to Islam. The case of In Re Susie Teoh was often cited to prove that parental consent is a must before a minor can convert to Islam. Nevertheless, recent development indicated conflicting court decisions, as certain cases were decided in favour of consent of both parents while in some other cases court do away with consent of the other parent Even the Johor Bahru High. Court decided case highlighted new interpretation to the requirement of parental consent. In light of conflicting interpretation in these cases, there is an urgent need to resolve the issue. Therefore this article attempts to analyse selected court decisions either in the civil or Syariah courts with regard to conversion of non-Muslim children to Islam. It covers circumstances such as the non-Muslim minor themselves convert to Islam and the conversion of children as a result of conversion of either parent to Islam. Whether consent of both parents or only one parent is sufficient to approve conversion of children will depend on the authoritativeness of the decided cases.