A Muslim convert is challenging a cabinet decision to ban parents from secretly converting children in a case that has strained race relations.

indra gandhi 170409 01 In the latest religious dispute to erupt, 35-year-old teacher Indira Gandhi ( left ) faced losing custody after her husband K Patmanathan converted himself and the children, aged 12, 11 and one, without her knowledge.

Under syariah law a non-Muslim parent cannot share custody of converted children.

The cabinet announced last week the law would be changed so that children's conversions would not be allowed without both parents' consent, with a civil court giving Indira interim custody of the children. She has also initiated divorce proceedings.

"This ruling contradicts the federal constitution, it is illegal and not applicable on Muslims including myself and my children," Patmanathan said in a court document filed on April 28 opposing the temporary order, but released to the media on today.

His lawyer has confirmed the contents of the court document but refused further comment.

Husband gone into hiding

Patmanathan has gone into hiding with the youngest child, a baby girl, following the civil court order as Indira seeks help from the police to get her daughter back.

Her lawyers say the present laws allow conversions to be retrospective, meaning that people could use a change in religion to escape alimony and custody rulings ordered by a civil court.

"The cabinet has come out with a decision which was a very brave decision but you can't call it a law," lawyer A Sivanesan said.

"They need to take it to parliament and make it a law, otherwise confusion will continue and continue," he added.

Malaysia has a dual-track legal system, with the civil courts and the syariah religious courts operating side by side. Non-Muslims say they do not get a fair hearing when family law cases end up in religious courts.

Conversion rows, including "body-snatching" cases when Islamic authorities have battled with relatives over the remains of people whose religion is disputed, are common in Muslim-majority Malaysia.

The tussles have raised allegations that the country is being "Islamised" and that the rights of the ethnic Chinese and Indian minorities are being eroded.

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