The issue of unilateral conversion of kindergarten teacher M Indira Gandhi's three children by her former husband K Pathanathan @ Mohd Ridhwan Abdullah has attracted much attention following the Court of Appeal judgment delivered last Thursday.

The majority judgment by Justice Balia Yusof Wahi, who headed the three-member bench, ruled that the issuance of a certificate by the Registrar of Muallaf (for new Muslim converts) is conclusive proof that conversion took place.

Justice Balia also opined that whatever question on the challenge of the certificate should be done under the purview of the syariah court and not through the civil court by way of judicial review.

The second judge who concurred with Justice Balia's judgment is Justice Badariah Sahamid.

Meanwhile, in his dissenting judgment , Justice Hamid Sultan Abu Backer felt that the decision by Ipoh High Court judge Justice Lee Swee Seng was correct, saying the issuance of the certificate is up for review and that the conversion is illegal as it was done without the consent of Indira Gandhi, and the children did not recite the Kalimah Shahadah (affirmation of faith).

Justice Hamid is also of the view that there is a need to set up a special court to resolve such disputes between Muslims and non-Muslims.

Below are the two written judgments by Justice Balia (majority) and Justice Hamid Sultan (minority) for the public's perusal as the matter is likely to make its way to the Federal Court, the highest and the final appellate court in the country.

The couple was married in 1993 and in April 2009, Pathmanathan @ Ridhwan embraced Islam. He then converted the children sometime in September 2009 and took with him the youngest child, Prasana Diksa (Ummu Habiba).

Prasana is at present the subject of a custodial dispute between Indira and Ridhwan, before the Federal Court.

Majority:

Minority: