KUALA LUMPUR: The High Court here on Wednesday (Oct 11) dismissed an application by the Perlis Islamic Religious and Malay Customs Council (MAIPs) to provide Islamic education to three child converts, who are now under the care of their non-Muslim biological mother, Loh Siew Hong.
Judge Hayatul Akmal Abdul Aziz, in her judgment, said the court found no merit in MAIPs’ application.
"MAIPs has failed to establish its case in its application. There is no lawful or reasonable justification for it...After considering all facts and arguments, I find no merit in MAIPs' application and dismiss the application. No order as to costs," she said.
The judge said given the traumatic experiences that the children had endured, a "long-drawn, unnecessary" squabble over access was not in the best interest of the children.
"Parties must accept this situation. Stop denying and interfering in whatever is left in their growing up years and respect them as mature children.
"The children should not be made by legal machinery to compel them to do what they do not want to do," she said.
MAIPs sought a variation order, among others, to assume responsibilities for the children, including facilitating their attendance at Friday prayers and participation in Islamic holidays at a nearby mosque, providing zakat assistance and supporting their living expenses, involving education, essential needs, and welfare.
On Feb 7, the Court of Appeal allowed MAIPs to be the second respondent in the divorce petition filed by Loh Siew Hong's former husband, Muhammad Nagahswaran Muniandy, involving the custody of their three children that she had obtained.
In the divorce petition, Loh, 34, was granted sole custody and guardianship over the pair of 15-year-old twin girls and a 12-year-old boy.
Hayatul Akmal further said the welfare and interest of the children would not be served by allowing MAIPS access to the children twice a week for Islamic education.
She noted that during an interview session with the children on Sept 27, the children said that they were aware of MAIPs' application for supervised access to them.
The judge said that according to the children, they wished to stay with their mother and were afraid of their father who was involved in drugs and had abused their mother.
"The children said they are very happy going to school now and undergoing extracurricular activities. They told me that they are not interested in remaining as Muslims," she added.
Lawyer Mohamed Haniff Khatri Abdulla represented MAIPs, while Loh was represented by counsel J. Gunamalar. - Bernama
