The Implications of Religious Conversion on the Determination of a Child’s Religion: A Comparative Analysis of Shariah and Malaysian Civil Law within the Framework of Maqasid al-Shariah

The rise of unilateral religious conversions involving children in Malaysia has ignited significant legal and social controversies, especially concerning the jurisdictional tensions between Shariah and Civil courts. This study critically examines how the Federal Constitution, Islamic legal doctrines, and the ‘best interests of the child’ principle converge in determining a child’s religion following one parent’s conversion to Islam. Employing a doctrinal and comparative legal methodology, the paper analyses relevant state Islamic Family Law Enactments, pivotal court decisions, and statutory provisions such as Article 12(4) of the Federal Constitution. The study further explores the application of Maqasid al-Shariah and state fatwas in this context. Findings indicate that although Shariah courts traditionally assert the Muslim father’s wilayah (guardianship) over the child’s religious status, recent Federal Court rulings emphasise the necessity of consent from both parents for lawful conversion. The research highlights how ijtihad, grounded in maslahah (public interest) and dar’ al-mafsadah (prevention of harm), offers a critical pathway to harmonise Islamic jurisprudence with international child rights standards. Furthermore, administrative inconsistencies within the National Registration Department (JPN) are identified as potential threats to familial stability and child welfare. The study concludes by recommending legislative reforms and administrative guidelines consistent with the Convention on the Rights of the Child (CRC) and the objectives of Maqasid al-Shariah, aiming to safeguard the rights and well-being of children amidst complex religious and legal landscapes.