As mom, Indira should be allowed to see daughter, says Riduan’s ex-lawyer

Asmuni Awi says both father and mother have rights of visitation.

PETALING JAYA: A former lawyer of Muhammad Riduan Abdullah, who recently lost in a high-profile custody battle that saw the Federal Court cancelling his unilateral conversion of his three children, said their mother has every right to see their youngest daughter, Prasana Diksa, who was snatched away from her nine years ago.

“Whether the child is Muslim or non-Muslim is secondary,” Asmuni Awi told FMT.

Asmuni said there were no legal obstacles for M Indira Gandhi, to meet Prasana who was taken away by Riduan, who also changed her religious status from Hindu to Islam, sparking a protracted court battle that concluded with the Federal Court’s judgment that the conversion certificates were null and void.

Asmuni said, either of the parents has the right to visit the child.

“This is the provision used whether in the civil court or the shariah court.

“It’s therefore logical that the biological mother or father be allowed to see their children and that is also the sort of justice which all religions emphasise.”

Asmuni represented Riduan in 2014.

Riduan was accused of contempt of court for failing to hand over Prasana, whose Muslim name is Ummu Habibah, to Indira.

Indira today said she did not mind if Prasana remained a Muslim, as long as she could meet her again.

“I accept it with an open heart if Prasana decides that she wants to remain a Muslim. As her mother, I only want to know how she is doing and I only want to hug her, that’s all,” she told FMT.

On Jan 29, the Federal Court set aside the unilateral conversion of Indira’s three children to Islam by Riduan, saying any conversion of minors must get the consent of both parents.

In the landmark ruling, the court also decreed that only the civil court could decide on such matters.

It also ruled that the word “parent” in Article 12(4) of the Federal Constitution should be read as “parents”.

Following the decision, police said they would help locate Riduan who had not returned Prasana to her mother.

Meanwhile, Indira urged all parties to stop questioning the religious status of her children as her priority was to meet Prasana.

“This is not a question of religion. Even if the court has made the decision, what’s important to me is that I get to see my child whom I have not met for nine years,” she said.

“As a mother, I am more concerned for her safety and how my child is doing, not her religion.”

Indira also said she had not been updated by the police regarding efforts to track down Riduan.

“It’s been this way for nine years. The police never contact me,” she said. -FMT