While the M Indira Gandhi's case at the Federal Court stipulated the need for consent from both parents of a civil marriage for their children to convert to Islam, a senior lawyer told the High Court in Kuala Lumpur today that it is sufficient for the underage kids to just recite the kalimah syahadah (affirmation of faith).

The two under-aged children in question for this court case are of Chinese descent aged nine and five.

Senior lawyer Sulaiman Abdullah contrasted the case where he represented the Federal Territory Registrar of Muallaf with the case of a 32-year old mother who converted her two children to Islam without the consent of her former husband and where the children had recited the kalimah syahadah.

"In the Indira Gandhi case, her children did not recite the affirmation of faith. However, in this case, the children, a seven-year-old girl and a three-year-old boy recited and understood the consequences of reciting the kalimah syahadah (affirmation of faith).

"We submit that under Article 11 (1) freedom of religion, the children can determine their own religion as the definition of "everyone" does not limit or apply to adults. Hence, the children should be accorded the freedom of religion to practise Islam," he said.

Sulaiman also said the issue is about guardianship of the children and as the mother, who is a marketing executive, was granted guardianship of the two children, nothing could stop her from converting her children.

This, the lawyer said, was determined by the Shah Alam High Court last month when the judicial commissioner asked them whether they understood the consequences of reciting the kalimah syahadah.

"Hence, the mother has the right to convert the children," he said, adding this was because guardianship was granted to her.

Besides Sulaiman, the other lawyers appearing for the Registrar of Muallaf were Nizam Bashir, Ilyani Khuszairi and Zulkifli Che Yoong.

Earlier, Justice Azizah Nawawi issued a gag order for the press not to report the name of the husband, his former wife's name or the children's names or any photographs of them.

The 32-year-old wife was present at today's proceedings. The husband, a 46-year-businessperson, had filed for a judicial review application on June 14, 2016, to challenge the conversion of their children to Islam.

He named the director-general of the Federal Territory Islamic Department (Jawi), the Registrar of Muallaf, the director-general of the education ministry. the government and his former wife as respondents.

Procedural impropriety

The children were converted in May 2016 while the mother had herself converted in December 2015.

The businessman is seeking a certiorari order to quash the certificate of conversion and a prohibition order to prevent the respondents or their agents from registering the children as Muslims.

He also wants Jawi and the Registrar of Muallaf to quash the registration of his children as Muslims or a declaration that their affirmation of faith is null and void, and has no effect.

The father also sought a declaration that the children did not change their religion and other relief deemed necessary by the court.

Meanwhile, lawyer K Shanmuga (above) for the father said the Indira Gandhi judgment should be followed meaning consent from both parents was required before the conversion is allowed.

The lawyer also quizzed as to why the conversion of the children took place in the Federal Territory when they resided in Shah Alam as last month's proceedings showed.

"Hence there is procedural impropriety for the registrar and Jawi to register the children as they should be converted in Selangor and be bound by the Selangor Islamic Administrative law and not the Federal Territory's," he said.

Furthermore, he further questioned the children's ability to understand the consequence of reciting the kalimah syahadah.

The hearing continues on July 12 as Sulaiman seeks an adjournment in his submission.