PUTRAJAYA: The unilateral conversion of single mother Loh Siew Hong’s (pic) three children to Islam has been quashed by the Court of Appeal, which ruled that the conversion by her ex-husband was null and void.
In making the unanimous decision, a three-judge panel chaired by Justice Hadhariah Syed Ismail also ruled that the Perlis state law which states that a child can be unilaterally converted is unconstitutional.
The other judges on the bench were Justices Hashim Hamzah and Azhahari Kamal Ramli.
The panel found that the High Court judge who presided over Loh’s judicial review had erred when he failed to consider two main issues raised in Loh’s application.
The issues are whether unilateral conversion is lawful and whether Section 117(b) is unconstitutional as it contradicts Article 12(4) of the Federal Constitution.
“The failure to answer these two issues is a clear misdirection that is tantamount to an error in law. Therefore, we allow the appeal by the applicant (Loh) and set aside the High Court’s decision,” Justice Hadhariah said.
The court did not make an order as to costs.
Loh had filed the judicial review to challenge the conversion of her children in 2020.
Her twin daughters were aged 11 and her son was nine at the time of conversion.
She named the Perlis State Registrar of Converts, Perlis Islamic Religious and Malay Customs Council, Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin and the Perlis state government as the respondents.
On May 11 last year, High Court judge Justice Wan Ahmad Farid Wan Salleh dismissed Loh’s judicial review application and ruled that the children were Muslims from the conversion.
In his decision, the judge said the force of evidence in the case suggested that the children continued to profess Islam even after she gained their custody.
He also said there was no dispute that the certificates of conversion were issued for the children.
It was reported that Loh’s former husband, M. Nagahswaran, who became a Muslim, had converted the children in July 2020 after separating from Loh in March 2019.
They divorced in 2021.
Section 117(b) of the Perlis Administration of the Religion of Islam Enactment 2006 holds that either a father, mother or guardian can convert a child to Islam.
The appellate court, however, said yesterday it was bound by the interpretation of Article 12(4) in another unilateral conversion case, the Indira Gandhi case, which interpreted that the word “parent” in the Article meant both parents. Article 12(4) states that the religion of a person aged under 18 is to be decided by his “parent or guardian”.
“In this case, it is not disputed that the appellant (Loh) did not consent to the three children’s conversion to Islam. We are bound by the decision in the Indira Gandhi case which held that consent of both parents must be obtained before minor children can be converted to another religion,” said Justice Hadhariah who also allowed Loh judicial relief that, among others, declares that her three children are Hindus.
Loh had sought a declaration that her three children, as children, do not have the legal capacity to convert to Islam without her consent.
She was also seeking a certiorari order to revoke the Declaration of Conversion to Islam, dated July 7, 2020, issued by the Registrar of Converts of Perlis in the name of her three children, and also other cards on their conversion to Islam issued by other parties, and also prevent any party from issuing such a card.
Loh was represented by lawyers A. Srimurugan and J. Gunamalar while MAIPs was represented by lawyer Mohamed Haniff Khatri Abdulla and Perlis state legal adviser Mohd Radhi Abas acted for Perlis State Registrar of Converts, Mohd Asri and the Perlis state government.
Mohamed Haniff Khatri said he had instructions to file an appeal to the Federal Court over the latest decision.
