Pahang amended its state laws three years ago to bar the unilateral conversion of children where one of their parents previously converted to Islam.
As a result, the state has been removed as a respondent from a judicial review leave application that sought to nullify the laws of several states that allowed unilateral conversion.
Previously, kindergarten teacher M Indira Gandhi and 13 others filed the legal action against eight states, which included Pahang.
When contacted today, the counsel of the 14 applicants, Rajesh Nagarajan, confirmed that Pahang is no longer one of the respondents targeted by the judicial review.
The lawyer said that the civil court in Kuala Lumpur earlier today allowed the applicants’ bid to remove Pahang as a respondent.
“Pahang had already amended its laws to bar unilateral conversion back in 2020.
“After we were informed, we immediately applied to remove Pahang,” Rajesh said.
He was commenting on what transpired during case management today which was presided over by High Court judge Ahmad Kamal Md Shahid, adding that the civil court made no order as to costs over the removal bid.
The lawyer added that the civil court also set Aug 2 and Sept 4 for hearing two separate applications related to the main judicial review.
The Aug 2 hearing is over the judicial review applicants’ bid to cite five Johor state religious officers for contempt over their alleged harassment of one of the applicants - a 25-year-old woman who was an alleged victim of unilateral conversion when she was younger and had never practised Islam.
The Sept 4 hearing is for applications by the Federal Territories Islamic Religious Council (MAIWP) and Badan Peguam Syarie Wilayah-Wilayah Persekutuan to intervene in the judicial review.
It was previously reported that MAIWP sought to intervene to safeguard the rights of Muslim parents in the federal territories who converted their children to the faith.
Main legal action
Through the main legal action filed on March 3, Indira and the 13 other applicants seek to strike down the unilateral conversion laws of seven states, including that of the federal territories.
The applicants seek to rely on the landmark 2018 Federal Court ruling linked to the case of Indira’s Muslim convert ex-husband, who unilaterally converted their three children without her knowledge and consent.
The judicial review seeks a court declaration to nullify the unilateral conversion laws contained in the state enactments of the federal territories, as well as Perlis, Kedah, Malacca, Negeri Sembilan, Perak, and Johor.
Besides Indira and Indira Gandhi Action Team chairperson Arun Dorasamy, the other applicants are Malaysia Hindu Sangam, its former chairperson S Mohan, two alleged victims of unilateral conversion, and seven citizens from the states.
The applicants contended that the impugned state enactments are invalid for contravening Articles 12(4) and 75 of the Federal Constitution as well as the 2018 Federal Court ruling regarding unilateral conversion.
They listed the seven state enactments that allegedly contravened the Federal Court ruling over the phrase ibu bapa (parents) of Article 12(4) of the Federal Constitution, which the apex court interpreted as ibu dan bapa (mother and father) for the purpose of consent for child religious conversions.
The state enactments are:
Section 117 of the Administration of the Religion Islam (Perlis) Enactment 2006
Section 80 of the Administration of Islamic Law (Kedah) Enactment 2008
Section 105 of the Administration of the Religion of Islam (Malacca) Enactment 2002
Section 117 of the Administration of the Religion of Islam (Negeri Sembilan) Enactment 2003
Section 106 of the Administration of the Religion of Islam (Perak) Enactment 2004
Section 117 of the Administration of the Religion of Islam (Johor) Enactment 2003
Administration of Islamic Law (Federal Territories) Act 1993
Perlis state legal advisor Mohd Radhi Abas appeared for the state and mentioned on behalf of the other states.
Senior federal counsel Imtiyaz Wizni Aufa Othman acted for the federal government.
Lawyer Nini Shirma Rahmat represented Badan Peguam Syarie Wilayah-Wilayah Persekutuan.
Counsel Zainul Rijal Abu Bakar acted for MAIWP. - Mkini
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