The Federal Court denied leave for the Selangor Islamic Religious Council (Mais) and the Selangor Muallaf (new converts to Islam) Department chief registrar's appeal to reinstate the Islamic conversion of five children.
The two state religious agencies' appeal is over the 2020 Shah Alam High Court ruling which allowed a civil action by the children's non-Muslim mother to invalidate the conversion initiated by their Muslim convert father.
A three-person Federal Court bench, chaired by Chief Judge Tengku Maimun Tuan Mat, this morning unanimously dismissed the application for the two state religious bodies to proceed with the appeal.
The other apex court bench members are Vernon Ong Lam Kiat and Hasnah Mohammed Hashim.
The children's 32-year-old mother had mounted a successful legal action over the conversion, which was made only with the sole consent of the father. She contended that the conversion was invalid as she did not give her consent for it.
She had relied on the landmark 2018 Federal Court decision of M Indira Gandhi against Perak Islamic Religious Department Director and several others.
The apex court ruling then held that in the issue of Islamic conversion of children - where the parents were both initially non-Muslims married under the Law Reform (Marriage and Divorce) Act 1976 (LRA) but one of the parents later converted to Islam - then the consent of both parents is required before the children could be converted to Islam.
The 2018 landmark verdict basically empowered the civil courts to review the decision of religious bodies such as state muallaf registries to register the Islamic conversion of individuals.
Core issue already settled in 2018
Malaysia practices a dual-tier legal system, whereby the civil courts generally do not have jurisdiction over religious issues that fall under the powers of the syariah courts.
In the present appeal arising from the 2020 Shah Alam High Court ruling, the parents initially married on Dec 12, 2009, under the LRA, leading to the birth of the five children.
However, on Nov 1, 2018, the father converted to Islam. He also got the five kids converted without her knowledge and consent.
The non-Muslim mother was only notified about the conversion on Aug 13, 2019, via a letter from Mais. The mother and father later divorced sometime in 2019.
Last year, the Court of Appeal dismissed the appeal by Mais and the Selangor Muallaf Department chief registrar, basically upholding the Shah Alam High Court ruling regarding the religious status of the five children.
During today's online Federal Court proceedings conducted via zoom, Tengku Maimun ruled that the appeal leave application by Mais and the Selangor Muallaf Department chief registrar ought to be dismissed as the core issue has already been settled by this same apex court in the 2018 Indira Gandhi case.
"The (present leave) application does not meet the threshold of Section 96 of the Courts of Judicature Act.
"The (main issues) have already been settled by this (Federal) Court in the Indira Gandhi (decision in 2018)," Tengku Maimun said.
She then ordered the two state religious agencies to bear RM30,000 in costs.
The two state bodies were represented by counsel Mohamed Haniff Khatri Abdulla, while lawyer Toh Lee Khim represented the non-Muslim mother, who is one of the respondents in today's matter.
Senior federal counsel Mazlifah Ayob appeared for the federal government, who is also one of the respondents.
Mais and the Selangor Muallaf Department chief registrar also have a separate ongoing case before the Court of Appeal involving their appeal to reinstate the Islamic conversion of another three children. - Mkini
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