Court to hear bid to restore Muslim status of Loh's kids in February

 

The Federal Court has set Feb 20 to hear the Perlis government’s review to reinstate the Muslim status of Loh Siew Hong’s three unilaterally converted children.

The state administration’s lawyer Danial Farhan Zainul Rijal told Malaysiakini this after the Federal Court’s case management of the review earlier today.

Perlis is seeking the apex court to review its earlier ruling on May 14.

On that date, a three-person Federal Court bench chaired by Chief Justice Tengku Maimun Tuan Mat unanimously denied the Perlis Islamic Religious and Malay Customs Council (Maips) and the Perlis government’s appeal leave application to reinstate the children’s 2020 unilateral conversion by their Muslim convert father Muhammad Nagahswaran Muniandy.

The appeal was against an earlier Court of Appeal ruling on Jan 10, which allowed Loh’s appeal to nullify the unilateral conversion of her 15-year-old twin daughters and her 12-year-old son, restoring their Hindu status as shown on their birth certificates.

The 36-year-old single 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.

Federal Court premises in Palace of Justice Putrajaya

After the May 14 ruling this year, Loh told Maips to leave her alone as her children had suffered enough from the ordeal.

“I do not want Maips to disturb me. Leave me alone. Enough,” she had said.

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.

Chief Justice Tengku Maimun Tuan Mat

The top judge then dismissed the leave application with no order as to costs.

Domestic violence claims

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 they legally divorced in September of 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. - Mkini