(A three-member bench yesterday reversed the decision of the High Court in Shah Alam and awarded custody of two children who had been unilaterally converted to Islam, to the Buddhist father of the minors.

Justice Tengku Maimun Tuan Mat, who led the bench in the matter before the Court of Appeal, ruled that there were merits in the application.

The other members of the bench, as part of the unanimous decision, were Justice Abang Iskandar Abang Mahmud and Justice Mary Lim.

Counsel for the father, Honey Tan, told Malaysiakini said it was a brave and correct decision by the appellate court to grant guardianship, custody, care and control of the children, who are currently Muslims, to their Buddhist father.

Tan said the court was of the opinion that it was acting in the best interests of the children in doing so.

The Court of Appeal, she said, had considered the behaviour of the man's former wife in unilaterally converting the children to Islam and that action was not done in the best interests of the children.

"I submitted that the conversion has torn apart the children's lives as they knew it was not in their best interests. The former wife's act also caused an upheaval within the appellant's family with whom they have close relationships, replete with the usual Chinese cultural and religious traditions," she said.

Despite the decision, Tan said the court did not make any ruling regarding the children's conversion as the decision is pending next month. The children, a boy aged five, and a girl aged 10, were returned to the father last night.

Their father is currently seeking to annul the children’s unilateral conversion to Islam by his ex-spouse. The High Court has fixed Oct 16 to deliver its decision on the annulment.

There is also an injunction imposed on the family by the KL High Court that prevents the children from receiving any religious education pending a decision on the review.

The names of the parents and the children are being withheld by the court.

Costs returned

In the case in Kuala Lumpur, the children's father has named the director-general of the Federal Territory Islamic Affairs Department (Jawi), the registrar of muallaf (converts), the director-general of the education ministry, the government, and his former wife as respondents.

The father was granted leave to challenge the conversion in 2016, the year the children were converted. Their mother had converted in December 2015.

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

The appellate court order also ordered that the RM20,000 paid by the former husband as costs at the Shah Alam High Court be returned. A total of 13 witnesses had testified for the father and four for the mother at the Shah Alam High Court.

This case is slightly different from the landmark M Indira Gandhi case, as the children in this case had recited the kalimah syahadah (affirmation of faith) while the ones in the Indira Gandhi case, which began in 2009, had not.