The Penang High Court has heard out the submissions of three defendants seeking to strike out homemaker S Banggarma’s application for a court order that would nullify her conversion to Islam when she was seven.

Banggarma’s lawyer, Gooi Hsia Leung (right) said the defendants argued that the matter should be heard in the Syariah Court as the civil court has no jurisdiction over a case involving conversion to Islam.

“But we, the plaintiffs, are saying that this is not a case of renunciation or apostasy,” Gooi said after attending the four-hour hearing today.

“As far as we are concerned, we are saying that Banggarma’s conversion to Islam is invalid. (This) is a civil matter because it involves the unconstitutional and unlawful conversion of a minor to Islam.”

The defendants - former premier and Perkim chairperson Dr Mahathir Mohamad, Perkim official Raimi Abdullah and the State Islamic Council - were represented by Matthias Chang, Zubaidah Tun Muda and Abu Bakar Mohamad Sidik respectively.

Judicial Commissioner Yaacob Haji Sam fixed Aug 4 to rule on the defendants’ application.

Claims to date

Banggarma, whose Muslim name is Siti Hasnah Vangarama Abdullah, lives in Tanjung Piandang, Perak, with her fisherman husband S Sockalingam and their two children - Kanagaraj, eight, and Hisyanthini, two.

She has claimed that she was converted unwittingly on Dec 28, 1989 by the Penang Welfare Department when she was living in a welfare home.

Her application to nullify her conversion last December was based on Article 12(4) of the federal constitution and Section 80 of the Penang Administration of Islamic Affairs Enactment 1993.

The constitution prohibits the conversion of minors to any religion without the consent of a parent or guardian.

The Penang Islamic statute stipulates that anyone below the age of 18 shall not be converted to Islam without the consent of his or her parents.

However, Welfare Department director-general Meme Zainal Rashid has claimed that Banggarma was converted to Islam in 1983 by her father and not by state religious authorities as alleged.

Gooi is asking the welfare home to furnish the court with documents to prove the conversion .

He also wants his client to be furnished with the court order obtained under the 1947 Juvenile Courts Act to place Banggarma in the Rumah Kanak Kanak Taman Bakti in Kepala Batas.