Court upholds nullification of two kids' Islamic conversion
The Court of Appeal today upheld a lower court ruling that nullified the Islamic conversion of two children locked in a legal tussle between their Buddhist father and Muslim-convert mother.
A three-person bench, chaired by judge Zabidin Diah, unanimously dismissed the appeal by the mother and Federal Territory Muallaf Registrar.
The father’s counsel, Honey Tan confirmed...
The Court of Appeal today upheld a lower court ruling that nullified the Islamic conversion of two children locked in a legal tussle between their Buddhist father and Muslim-convert mother.
A three-person bench, chaired by judge Zabidin Diah, unanimously dismissed the appeal by the mother and Federal Territory Muallaf Registrar.
The father’s counsel, Honey Tan confirmed the outcome of today’s hearing of the appeal. The other members of the bench were S Nantha Balan and Nordin Hassan.
“The two appeals were dismissed. So, the children remain Buddhists.
“The CoA (Court of Appeal) basically held that they were bound by the FC's (Federal Court) decision in M Indira Gandhi’s case, namely both parents must agree before converting children to Islam,” Tan said.
Tan was referring to the landmark 2018 Federal Court decision that consent of both parents is necessary for Islamic conversion of a child, in relation to the unilateral conversion case involving the children of kindergarten teacher Indira and her ex-husband and Muslim convert Muhammad Riduan Abdullah.
This apex court ruling is a departure from the 2007 verdict in the case of R Subashini vs T Saravanan, which saw the wife instructed to seek recourse through the Syariah Appeals Court over her convert husband converting their children to Islam without her consent.
Appeal hearing
Today was set for the Court of Appeal to hear the appeal by the Muslim-convert mother and the registrar to reinstate the Islamic conversion of the two children.
They are appealing against a 2018 order by the High Court in Kuala Lumpur allowing the father’s bid to invalidate the Islamic conversion certificate of the children.
Due to an existing court order, the names of the former married couple and the two children are not allowed to be published by the media.
On June 14, 2016, the father, who is a businessperson, filed the judicial review application at the High Court in Kuala Lumpur to challenge his former wife's unilateral conversion of their two children, the daughter then aged eight years and the son aged four.
The father asked the court to quash the certificate of conversion and to issue a prohibition order to prevent the respondents (the mother and the registrar) or their agents from registering the two children as Muslims.
In October 2018, the High Court allowed his legal challenge to nullify the Islamic conversion certificates of the children.
The mother and the registrar then appealed to the Court of Appeal.
Previously, the formerly married couple was also involved in a legal tussle for custody of the two children.
However, on Jan 15 last year, the Federal Court dismissed an appeal by the mother against a lower court ruling granting custody to the father.
As a result, the main legal battle now centres on the tussle over the validity of the Islamic conversion certificate of the two children.
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