KUALA LUMPUR, April 8 — The Perlis state government will make one last attempt at the Federal Court today to argue why the three children of Hindu mother Loh Siew Hong should be recognised as Muslims, despite their previous conversion being ruled illegal.
The three children, aged nine and 11 at the time, were converted unilaterally to Islam in Perlis by their Hindu-turned-Muslim father; this was done without Loh knowing or agreeing.
Loh challenged the conversion in 2022, losing initially at the High Court but later winning at the Court of Appeal and Federal Court.
Soon to be 14 and 17, the children’s religious status is once again at the centre of a legal battle.
How the three children were converted
Loh’s children were born Hindu in Kedah.
After Loh filed for divorce in December 2019, Nagahswaran said he and the three children converted to Islam at the Perlis Islamic Religious Affairs Department on July 7, 2020.
Nagahswaran claimed they read the kalimah syahadah, the Islamic declaration of faith, and received conversion certificates on the same day.
Loh, through her lawyers, later asked the Perlis Islamic Religious and Malay Customs Council (MAIPs) to cancel her three children’s certificates of conversion to Islam, as they were registered as Muslims without her knowledge or consent.
But MAIPs refused to do so, claiming that their conversion was legal as their father had given his consent.
MAIPs cited a Perlis state law, Section 117(b) of a 2006 Enactment, requiring only one parent’s consent for a child’s conversion.
Loh filed for judicial review at the High Court on March 25, 2022, to have her children’s unilateral conversion cancelled, naming four respondents including MAIPs and the Perlis state government.
What the High Court decided
The High Court dismissed Loh’s challenge on May 11, 2023, finding the conversion certificates to be “conclusive proof” the children converted.
The judge added there was no evidence the children stopped professing Islam and that their welfare meant their Muslim status quo should remain.
What the Court of Appeal decided
On January 10, 2024, however, a three-judge panel at the Court of Appeal unanimously decided in Loh’s favour, ruling that Nagahswaran’s unilateral conversion of the three children to Islam was unlawful.
The Court of Appeal cited the binding Federal Court decision in M. Indira Gandhi’s case, which requires both parents’ consent for a child’s conversion.
It also noted Section 117(b) of the Perlis Administration of the Religion of Islam Enactment 2006 was amended in 2016 to require consent from only the “ibu atau bapa” (mother or father) for a child’s conversion to Islam. The original Section 117(b) states “ibu dan bapa” (mother and father).
The court found this Perlis amendment invalid as it contradicts the Federal Constitution’s Article 12(4), where “parent” means both parents based on the Indira Gandhi precedent.
Consequently, the court declared the children Hindus, quashed their conversion certificates, and declared the Perlis amendment unconstitutional. These are all part of the nine court orders that Loh asked for and won.
A file photograph shows a general view of the Palace of Justice in Putrajaya. — Picture by Choo Choy May .
What the Federal Court decided
On May 14, 2024, the Federal Court unanimously denied MAIPs, the Perlis government, and other respondents leave to appeal.
The Federal Court reaffirmed the binding Indira Gandhi precedent requiring both parents’ consent for child conversions.
It said the Court of Appeal’s decision to invalidate the three children’s conversion was correct, noting Perlis’ arguments would encourage the “unconstitutional practice of unilateral conversion to persist”.
This means the children remain Hindus and the unilateral conversion, illegal.
What the Perlis state government wants now
However, on October 29, 2024, the Perlis state government filed for a review of the Federal Court’s decision.
Perlis is seeking a review by a new panel, claiming its right to be heard was “severely compromised”.
It wants the May 2024 refusal set aside and the leave application reheard, or for leave to appeal to be granted directly.
Ultimately, Perlis wants the Federal Court to hear its full appeal to argue the conversion should be declared valid.
This review application is what the Federal Court is scheduled to hear today.
Loh objected via an affidavit, calling the review application an abuse of power and an attempt to get a “second bite of the cherry”.
What about the other case of MAIPs wanting access to Loh’s children?
In February 2023, MAIPs applied to the High Court for permission to meet Loh’s children for regular Islamic lessons, take the son to a mosque weekly, bring all three to major Islamic celebrations, and enter their home to guide Loh on raising them in a conducive environment in accordance with Islam.
The Family Court then interviewed the children, who objected to access and stated they did not want to be Muslims.
The Family Court dismissed MAIPs’ access bid on October 11, 2023.
MAIPs filed an appeal against the Family Court’s decision on October 20, 2023.
However, Loh’s lawyer A. Srimurugan confirmed MAIPs has since withdrawn this appeal.
Recommended reading:
