Court to rule if Muslim convert can change children’s religion unilaterally

M. Indira Gandhi seen here at the Federal Court in April seeking the court to order the inspector-general of police to retrieve her daughter from her ex-husband. The fate of her three children's conversion to Islam by their father will be decided on Wednesday. – The Malaysian Insider pic, December 29, 2015.

Seven months after hearing submissions, the Court of Appeal will rule tomorrow whether the conversion certificates of three minors who were made Muslims unilaterally by one parent can be challenged in a civil court.

Lawyer Aston Paiva, who appeared for kindergarten teacher M. Indira Gandhi, the mother of the children, said the court of appeal registry informed the parties last week of the verdict date.

"The decision by a three-man bench will be delivered at 9am on December 30," stated the letter signed by court deputy registrar Sharifah Norazlita Syed Salim Aidid.

The Perak Religious Department, the state and federal governments, the Registrar of Conversions, the Education Ministry and Indira's ex-husband Muhammad Riduan Abdullah are challenging a High Court decision to quash the children's conversion certificates.

The conversion certificates of the children – Tevi Darsiny, Karan Dinish and Prasana Diksa – were quashed by High Court judge Lee Swee Seng on July 25, 2013.

Lee had also ruled that the documents were null and void, citing provisions under Perak shariah law that require a child must be present to utter the affirmation of faith or the “syahadah” before a certificate of conversion could be issued.

Riduan, however, had obtained certificates without the presence of the children before the registrar of conversions.

On May 26, senior federal counsel Shamsul Bolhassan told the appellate court that Riduan could unilaterally convert the children and the civil court had no jurisdiction to hear the case.

"Only the shariah court is the right forum as the subject matter is about conversion."

He said the civil court could not adjudicate the matter even if the registrar who facilitated the conversion did not follow procedures.

He added that it was legal for the father to unilaterally convert the children because the Federal Court had pronounced that a parent could do so without the consent of his or her spouse.

Perak legal adviser Rohana Abdul Malek, who adopted Shamsul's submission, added that the registrar did not violate the law and procedures under the Perak Religious Enactment in carrying out his function.

However, another of Indira's lawyers, Fahri Azzat, said the conversion certificates could be challenged in a civil court because the documents were issued by a public authority, which was the state religious department.

He said since Indira was an affected party following the conversion of the children to Islam by Riduan, she could file for a judicial review because the matter of the certificates was an administrative issue against a public authority.

In 2009, the Shariah Court in Ipoh granted Riduan, formerly known as K. Patmanathan, custody of his three children after he unilaterally converted them to Islam.

In 2010, High Court judge Datuk Wan Afrah Wan Ibrahim ordered custody of the three children to be given to Indira. However, Riduan refused to return the youngest child, Prasana Diksa (now known as Ummu Habibah). to Indira. He has been holding on to Prasana Diksa since April 2009 when she was 11-months old.

Riduan was later found guilty of contempt by the Ipoh High Court and was ordered to hand over his then infant daughter to his ex-wife or face imprisonment.

The Federal Court had in April this year allowed Indira to challenge a Court of Appeal ruling last December that allowed the Inspector-General of Police (IGP) Tan Sri Khalid Abu Bakar to set aside a High Court order to arrest her former husband and locate her daughter.

Last December, Indira failed to compel the IGP to arrest her former husband for running away with Prasana Diksa, despite the High Court order granting her custody.

- TMI