The Federal Court has fixed July 6 to hear the leave application appeal by single mother Loh Siew Hong to remove the Perlis Islamic Religious and Malay Etiquette Council (Maips) from her custody case involving her three unilaterally converted children.
When contacted, Loh’s counsel Gunamalar Joorindanjn said that the Federal Court registry set the hearing date during case management this morning.
The 35-year-old mother is appealing against the Court of Appeal decision on Feb 7 which allowed Maips to intervene in the civil custodial case so that the state religious body can apply to be allowed to impart Islamic guidance to her children - two twin girls aged 15 and a boy aged 11.
The appellate verdict quashed an earlier ruling by the civil family court in Kuala Lumpur on June 15 last year, which denied Maips bid to intervene in the custody case so that the council has legal standing to apply to vary the custody order.
In March 2021, Loh obtained full and sole custody over the children, who were unilaterally converted by her Muslim convert former husband Muhammad Nagahswaran Muniandy without her consent. The estranged former couple is both aged 35.
The civil court granted full custody to the single mother on March 31 2021, and decree nisi (to annul Loh’s marriage to Nagahswaran) on Sept 23 the same year.
Custody order
In a media statement last year, the council said it sought a court order to vary the custody order so that it could provide Islamic education to the children while being under their non-Muslim mother’s care.
The council said that it sought to vary the terms of the custody order and open access for it to give Islamic educational assistance to the three children.
Maips said the assistance would include guidance on Islamic teachings, not limited to the principles of halal and haram food, as well as financial support via zakat and other aid channelled to the children through Loh.
The council emphasised that it was not seeking to interfere or take any side in the divorce proceedings between Loh and Nagahswaran, as the matter was merely between the estranged couple.
The family court yesterday fined Nagahswaran RM20,000 in default of 14 days in jail for contempt of court linked to running off with the children and unilaterally converting them.
Loh was only reunited with her children following an order issued by the High Court (criminal jurisdiction) in Kuala Lumpur early last year.
She also has a separate court action to nullify the children’s unilateral conversion, with the verdict coming up on May 11. - Mkini
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