Single mother Loh Siew Hong's three unilaterally converted children will remain non-Muslims.
A three-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously denied the appeal leave application by the Perlis Islamic Religious and Malay Customs Council (Maips) and three others to reinstate the children's 2020 unilateral conversion.
The other appellants were the Perlis state government, state mufti Mohd Asri Zainul Abidin, and the state mualaf (new Islamic converts) registrar.
On Jan 10, the Court of Appeal allowed Loh's (above) appeal to nullify the unilateral conversion of her 15-year-old twin daughters and her 12-year-old son by their Muslim convert father Muhammad Nagahswaran Muniandy.
The 36-year-old mother was appealing against the Kuala Lumpur High Court decision on May 11 last year, which dismissed her judicial review targeting the validity of the unilateral conversion.
No novel issues of law
In reading out the ruling on behalf of fellow bench member judges P Nallini and Abu Bakar Jais, Tengku Maimun said Maips and the other appellants were attempting to revisit the landmark 2018 Federal Court ruling on Indira Gandhi's unilaterally converted children.
In the 2018 ruling, the apex court ruled that the conversion of a child to Islam requires the consent of both parents.
Tengku Maimun said the appellants failed to show there are novel issues of law that require further ventilation before the apex court.
The top judge then dismissed the leave application with no order as to costs.
Loh and Nagahswaran entered a civil marriage in 2008, but their marriage broke down over allegations of domestic violence that saw her hospitalised. She filed for divorce in December 2019.
However, while she was recuperating from her injuries in a hospital, it was reported the father took the three children away and converted them on July 7, 2020.
In March 2021, Loh was granted sole custody, care, and control over the children, and legally divorced in September the same year.
In February 2022, Loh’s children - who were under the care of the Social Welfare Department - were released to their mother after the Kuala Lumpur High Court allowed her habeas corpus application.
The family now resides in the Klang Valley.
Lawyer Mohamed Haniff Khatri Abdulla appeared for Maips.
State legal adviser Salim Soib @ Hamid acted for the Perlis government, Asri, and the state mualaf registrar.
Counsel A Srimurugan represented Loh. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.