I refer to malaysiakini report Religious leaders irked by decision on conversion case . I have been following this particular case as a member of a local feminist organisation and would like to express my concerns, as well as my utter dismay, at the court's decision.

Throughout his long and winding speech, Justice Faiza cited several laws to say that either parent's approval was enough for the conversion of minor children to be valid (so much for equal guardianship).

He mentioned a letter from a mufti claiming that in the event that one non-Muslim spouse converts to Islam, all children who are still minors are automatically Muslim even if the other non-Muslim spouse/parent disagrees.

Justice Faiza also claimed that the father had the capacity to convert the children to Islam because:

a) the wife did not challenge his own conversion nor seek a divorce when he converted; and

b) he is the natural father of the said children and a Muslim.

Justice Faiza concluded by claiming that only the Syariah Court has the capacity and expertise to hear this case and therefore, the mother should take her application to the Federal Territory Religious Council.

When considering this particular case, it is important to note that the parents are separated and that the non-Muslim wife has full custody over the children. I am no student of the law but simple logic tells me that in such a case, the children would naturally follow the religion of the mother in this instance, Hinduism.

This is seeing how she is the one with, let me repeat, full custody and also that, since the time of marriage, this family has been Hindu. Even if Justice Faiza's first point was to be upheld why cannot the mother then re-convert her children to Hinduism?

I found the mufti's words much more disturbing. The last time I checked, we were a secular democracy with Islam as the official religion. Now we seem to live in an Islamic oligarchy, where members of other faiths are treated like second-class citizens, without so much as a right to determine their own offspring's religious upbringing.

The ideal situation is that both parents would have an equal say in determining their children's religious upbringing until these children reach an age where they can choose for themselves.

However, in this situation, the mother should have the greater say for reasons stated above. It defies the basic principles of justice and fairness that the mother and non-Muslim spouse be denied any say in such a fundamental matter.

I also must question Justice Faiza's next argument that the mother did not challenge her spouse's conversion to Islam and therefore should not challenge his capacity to convert their children too.

The father in this case, had every right to convert to Islam. The whys and wherefores of his conversion are completely irrelevant. It is like saying the wife can seek a divorce, but is she under any obligation to actually do so?

And just like the father is the natural parent of the said children, so too, is she. While he is now Muslim, she is Hindu. She has full custody. These are the facts. And it is clear that if the children's so-called conversion to Islam is upheld, the concepts of equality before the law and freedom of religion are mere meaningless words.

Finally, I disagree with Justice Faiza's opinion that the Syariah Court alone has the expertise to hear this case. As he himself admitted, the Syariah Court has got absolutely no jurisdiction over non-Muslims, and nor should it have any.

In fact, it is my frank opinion that the Syariah Court should not have any jurisdiction over Muslims unless they so choose (and only in the instances where no non-Muslim parties are concerned). Every citizen should be held accountable to the same set of laws. The question also now arises: What, then, is the use of a Family Court if it cannot hear this case?

My heart goes out to the mother. She is in a terrible position firstly, she is non-Muslim and secondly, she is a woman. In a society that gives precedence to Muslims and males, she is going to have a tough time.

And if even the courts should refuse her justice, what recourse has she left? The Federal Territory Religious Council? Parliament?

For the sake of our constitution which guarantees us the right to determine our religion and the religion of our children and for the sake of all religious minorities ('bukan Islam'), I sincerely hope that the Court of Appeal will right this wrong and that the Syariah laws be amended to safeguard the religious liberty of all.