Loh custody case: overzealous religious officials caused the problem

 

From P Ramasamy

It was overzealousness on the part of the religious authorities in Perlis to push ahead with (the conversion of Loh Siew Hong’s children to Islam) that is the source of the problem.

If only the religious authorities had exercised caution, investigated the family situation and ascertained her whereabouts, the matter could have been resolved.

It was not that the religious authorities in Perlis were not aware of the law on conversions of minors. They knew but decided to go ahead with the conversions thinking that the mother might not show up.

With the appearance of the mother with a court order (on custody), there is probably a realisation on the part of the religious authorities that they might have overstepped their mark.

Rather than admitting that they erred, they are defending the conversion based on an outdated religious enactment in Perlis, the children’s interest in Islam, the consent of (the father) and not the least the argument that Loh was not a good mother to the children.

The conversions of Loh’s three children has nothing to do with race or religion.

It is all about whether the religious authorities in Perlis can convert the children based on the consent of the father alone.

Such a conversion is a clear contravention of the landmark Federal Court decision in 2018 that conversion of minors requires the consent of both parents. Perlis and other states might have enactments that came in before 2018, but they are unconstitutional. They need to be struck out.

The habeas corpus application that will be heard in the Kuala Lumpur High Court might reaffirm the (custody) order currently held by Loh.

Loh wants to be reunited with the children. No force in the world would be able to prevent the children from seeking the mother’s love and care. - FMT

P Ramasamy is the state assemblyman for Perai and deputy chief minister II of Penang.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.