[UPDATED] Maips may intervene in custody of Loh Siew Hong’s unilaterally converted kids: CoA

KUALA LUMPUR – The Perlis Islamic Religious and Malay Customs Council (Maips) is allowed to intervene and variegate the custody order granted to single mother Loh Siew Hong for her three unilaterally converted children, the Court of Appeal ruled today.

In a unanimous decision, judge Datuk Has Zenah Mehat who led a three-member bench, said the law on intervention is governed by Order 15 Rule 6(2) of Court 2012 read with Section 96 of the Law Reform (Marriage and Divorce) Act 1976.

“A reading of these two provisions would confer upon the applicant (Maips) a legal right to intervene, premise upon their power pursuant to Section 7 of the Perlis administration of Islamic Enactment.

“We will, therefore, allow the appeal and set aside the order of the high court on June 15, 2022,” she was quoted as saying by Malaysiakini when delivering the verdict at the Palace of Justice in Putrajaya today.

Following today’s decision, Maips is expected to file an application before the Kuala Lumpur Family Court to vary the custody order.

In her verdict, Has Zanah also mentioned that there is no necessity to dwell over the legality, or otherwise, of the conversion of Loh’s three underaged children.

The other judges on the panel were Datuk See Mee Chun and Datuk Mohd Nazlan Mohd Ghazali.

Maips was represented by counsel Mohamed Haniff Khatri Abdulla, while lawyers A. Srimurugan and Shamsher Singh Thind acted for Loh.

Last year, the high court threw out an application by Maips that sought leave to be made a party to the divorce proceedings of Loh Siew Hong and her incarcerated ex-husband Nagashwaran Muniandy.

Judge Evrol Mariette Peters’ ruling on the matter effectively bars Maips from access to Loh’s three underage children, who were unilaterally converted to Islam by their father.

According to Malaysiakini, Peters noted that Maips had failed to prove that it is an interested party concerning the children’s well-being and that the religious body failed to seek the views of Nagashwaran in their attempt to modify Loh’s custody order over her children.

Earlier, Maips – through their lead counsel Haniff Khatri – applied for leave to become a party to Loh and her husband’s finalised divorce declaration, citing the need to ensure the proper Islamic upbringing of her three underage children.

Haniff had argued that it is the council’s statutory responsibility to ensure Loh’s converted children receive the aid they require.

He had submitted that the three converted minors are classified as asnaf (eligible recipients of tithes) and can receive aid from zakat contributions, and that these forms of assistance are Maips’ main priorities.

In response, Loh’s lawyer, A. Srimurugan, argued that this was an invasion of privacy and an abuse of the court process.

He asserted that the legality of the three children’s unilateral conversion by Loh’s ex-husband still remains in question and is subject to ongoing court proceedings.

Loh’s plight made headlines after she was refused permission to meet with her children, whom she had been trying to locate for the past three years since being discharged from a hospital.

She had lost contact with the three children while undergoing treatment for injuries purportedly stemming from an abusive marriage with her ex-husband.

It was during this time that Nagashwaran is said to have unilaterally converted the children into Islam in Perlis without Loh’s knowledge, following his own conversion.

After the change of faith, Nagashwaran was convicted and imprisoned for narcotics-related charges.

In February, last year, the high court granted Loh a habeas corpus writ against the unlawful detention of her children and she successfully regained custody of them.– The Vibes, February 7, 2023