THE Putrajaya Federal Court today affirmed the Court of Appeal’s ruling in favour of Hindu mother Loh Siew Hong that her three children, who were unilaterally converted by their father, will remain non-Muslim.
This brings to an end to Loh’s years-long legal battle to have their conversion declared unconstitutional.
Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the Federal Court’s three-judge panel, delivered the unanimous decision alongside Federal Court judges Datuk Nallini Pathmanathan and Datuk Abu Bakar Jais.
Tengku Maimun dismissed leave by the Perlis Islamic Religious and Malay Customs Council (MAIPs) and the Perlis government to review the lower court's decision in dismissing their case in January.
The top judge ruled that MAIPs argument had already been addressed in a landmark decision in 2018 regarding Indira Gandhi's unilaterally converted children.
In the 2018 ruling, the apex court ruled that the conversion of a child to Islam requires the consent of both parents.
"The Federal Court judgement in Indira Gandhi is binding throughout the nation," she said.
The top judge then dismissed the leave application with no order as to costs.
With this, the Court of Appeal's decision in January that the unilateral conversion by Loh's husband M. Nagahswaran was illegal will be taken as the final decision.
Loh’s children were unilaterally converted to Islam by her former husband Muhammad Nagahswaran Muniandy in Perlis in 2020.
Loh took the matter to court, seeking a declaration that a provision in the state enactment allowing a parent to unilaterally convert minor children was unconstitutional.
She also sought a declaration that her twin daughters, now aged 16, and son, aged 13, were still Hindus. – The Vibes, May 14, 2024.
