Apex court upholds Hindu mother’s win against unilateral conversion of kids to Islam
Loh Siew Hong (second from left) and her lawyers arrive at the Federal Court in Putrajaya May 14, 2024. — Picture by Miera Zulyana
Tuesday, 14 May 2024 2:16 PM MYT
PUTRAJAYA, May 14 — The Federal Court today affirmed the Court of Appeal’s ruling in favour of Hindu mother Loh Siew Hong over the unilateral conversion of her Hindu children to Islam by their Muslim convert father, bringing 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.
“Dismissed, we make no order as to cost,” Tengku Maimun said.
Today’s decision follows a hearing by the apex court on a leave application filed by the Perlis Islamic Religious and Malay Customs Council (MAIPs) and the Perlis government regarding the religious position of the three children in their case against Loh as decided by the Court of Appeal.
At the Federal Court stage, the Federal Court’s leave must be obtained first before it proceeds to hear an appeal.
With the leave application filed by MAIPs and the Perlis government now dismissed, the Court of Appeal’s January verdict — in affirming Loh’s children were unilaterally and unconstitutionally converted — will be taken as the final decision.
As for today’s verdict, Tengku Maimun said the present appeal concerns issues which have been covered in the Federal Court’s decision in M. Indira Gandhi’s case — that unilateral conversion is invalid — and thus saw no reason to revisit them.
She also said the lower courts have also made concurrent findings on the issue of whether there is a prescription of the Bahasa Melayu version of the Federal Constitution being the authoritative text.
Fact of the case
The Court of Appeal had on January 10 this year allowed Loh’s appeal against the conversion of her three children to Islam without her consent, overturning an earlier High Court decision in May 2023 that had dismissed her challenge.
Subsequently, the four respondents — the Perlis registrar of Muslim converts, MAIPs, the Perlis mufti and the Perlis state government — filed an appeal on the appellate court’s decision on February 8.
As for the January 10 decision, Court of Appeal judge Datuk Hadhariah Syed Ismail who chaired a three-man panel, had in a unanimous decision ruled that a Perlis state law provision that allows conversion of children to Islam with just one parent’s consent is unconstitutional.
In the decision, the Court of Appeal also granted all nine orders that Loh asked for in her legal challenge against her children’s unilateral conversion to Islam, including declaring the three children are adherents of Hinduism.
The other nine court orders that Loh won include an order to quash the July 7, 2020 certificates of conversion to Islam which were issued to the three children; an order to compel the Perlis Registrar of Mualaf to remove the three children’s names from the Perlis registry of Muslim converts; and a declaration that Section 117(b) of a Perlis state law (which allows children to be converted without both parents’ consent) is unconstitutional and invalid.
Most importantly, the appellate court also made it clear that the Federal Court’s decision in M. Indira Gandhi’s case — that unilateral conversion is invalid — is still a binding decision on the lower courts, and said Loh did not consent to her three children to become Muslim converts.
This means that the Court of Appeal has declared the current Section 117(b) — which allows children to be converted to Islam without getting both parents’ consent — is against the Federal Constitution.
MORE TO COME
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‘Leave me alone’, Hindu mum of kids unilaterally converted by dad tells Perlis Islamic authority after Federal Court rules in her favour
Tuesday, 14 May 2024 2:16 PM MYT
PUTRAJAYA, May 14 — The Federal Court today affirmed the Court of Appeal’s ruling in favour of Hindu mother Loh Siew Hong over the unilateral conversion of her Hindu children to Islam by their Muslim convert father, bringing 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.
“Dismissed, we make no order as to cost,” Tengku Maimun said.
Today’s decision follows a hearing by the apex court on a leave application filed by the Perlis Islamic Religious and Malay Customs Council (MAIPs) and the Perlis government regarding the religious position of the three children in their case against Loh as decided by the Court of Appeal.
At the Federal Court stage, the Federal Court’s leave must be obtained first before it proceeds to hear an appeal.
With the leave application filed by MAIPs and the Perlis government now dismissed, the Court of Appeal’s January verdict — in affirming Loh’s children were unilaterally and unconstitutionally converted — will be taken as the final decision.
As for today’s verdict, Tengku Maimun said the present appeal concerns issues which have been covered in the Federal Court’s decision in M. Indira Gandhi’s case — that unilateral conversion is invalid — and thus saw no reason to revisit them.
She also said the lower courts have also made concurrent findings on the issue of whether there is a prescription of the Bahasa Melayu version of the Federal Constitution being the authoritative text.
Fact of the case
The Court of Appeal had on January 10 this year allowed Loh’s appeal against the conversion of her three children to Islam without her consent, overturning an earlier High Court decision in May 2023 that had dismissed her challenge.
Subsequently, the four respondents — the Perlis registrar of Muslim converts, MAIPs, the Perlis mufti and the Perlis state government — filed an appeal on the appellate court’s decision on February 8.
As for the January 10 decision, Court of Appeal judge Datuk Hadhariah Syed Ismail who chaired a three-man panel, had in a unanimous decision ruled that a Perlis state law provision that allows conversion of children to Islam with just one parent’s consent is unconstitutional.
In the decision, the Court of Appeal also granted all nine orders that Loh asked for in her legal challenge against her children’s unilateral conversion to Islam, including declaring the three children are adherents of Hinduism.
The other nine court orders that Loh won include an order to quash the July 7, 2020 certificates of conversion to Islam which were issued to the three children; an order to compel the Perlis Registrar of Mualaf to remove the three children’s names from the Perlis registry of Muslim converts; and a declaration that Section 117(b) of a Perlis state law (which allows children to be converted without both parents’ consent) is unconstitutional and invalid.
Most importantly, the appellate court also made it clear that the Federal Court’s decision in M. Indira Gandhi’s case — that unilateral conversion is invalid — is still a binding decision on the lower courts, and said Loh did not consent to her three children to become Muslim converts.
This means that the Court of Appeal has declared the current Section 117(b) — which allows children to be converted to Islam without getting both parents’ consent — is against the Federal Constitution.
MORE TO COME
***
‘Leave me alone’, Hindu mum of kids unilaterally converted by dad tells Perlis Islamic authority after Federal Court rules in her favour
Loh Siew Hong (centre) and her lawyers at the Palace of Justice in Putrajaya May 14, 2024. — Picture by Miera Zulyana
Tuesday, 14 May 2024 3:12 PM MYT
PUTRAJAYA, May 14 — Relief was apparent on the face of Hindu mother Loh Siew Hong today when Malaysia’s highest court affirmed as unconstitutional the unilateral conversion of her three children to Islam by their father.
She was effusive in her gratitude to the Federal Court judges and the lawyers who took up her case that began four years ago, when her estranged husband who was born and grew up Hindu but later became Muslim, converted their children to his new religion without her knowledge or permission.
“I do not want MAIPs to disturb me, leave me alone. Enough, enough,” she told reporters at the Palace of Justice here after a panel of three Federal Court judges chaired by Chief Justice Tun Tengku Maimun Tuan Mat unanimously ruled in her favour.
The other two judges were Datuk Nallini Pathmanathan and Datuk Abu Bakar Jais.
Loh was represented by A. Srimurugan and Shamsher Singh Thind.
“I am very happy and I really do not want MAIPs to again and again disturb me,” she added, referring to the officials from the Perlis Islamic Religious and Malay Customs Council by its Malay abbreviation.
MAIPs and the Perlis government had filed a leave application to challenge a previous ruling by the Court of Appeal that first ruled that the unilateral conversion to Islam of Loh’s three children as against the Federal Constitution.
The Federal Court refused to grant leave or permission to MAIPs and the Perlis government to challenge the Court of Appeal’s decision, citing the landmark case of M. Indira Gandhi, another Hindu mother whose three children were unilaterally converted to Islam by their father as setting the precedent.
In January, the Court of Appeal granted all nine orders that Loh asked for in her legal challenge against her children’s unilateral conversion to Islam, including declaring the three children are adherents of Hinduism.
The other court orders which Loh won include an order to quash the July 7, 2020 certificates of conversion to Islam which were issued to the three children; an order to compel the Perlis Registrar of Mualaf to remove the three children’s names from the Perlis registry of Muslim converts; and a declaration that Section 117(b) of a Perlis state law (which allows children to be converted without both parents’ consent) is unconstitutional and invalid.
Subsequently, the four respondents — the Perlis registrar of Muslim converts, MAIPs, the Perlis mufti and the Perlis government — filed an appeal on the appellate court’s decision on February 8.
Tuesday, 14 May 2024 3:12 PM MYT
PUTRAJAYA, May 14 — Relief was apparent on the face of Hindu mother Loh Siew Hong today when Malaysia’s highest court affirmed as unconstitutional the unilateral conversion of her three children to Islam by their father.
She was effusive in her gratitude to the Federal Court judges and the lawyers who took up her case that began four years ago, when her estranged husband who was born and grew up Hindu but later became Muslim, converted their children to his new religion without her knowledge or permission.
“I do not want MAIPs to disturb me, leave me alone. Enough, enough,” she told reporters at the Palace of Justice here after a panel of three Federal Court judges chaired by Chief Justice Tun Tengku Maimun Tuan Mat unanimously ruled in her favour.
The other two judges were Datuk Nallini Pathmanathan and Datuk Abu Bakar Jais.
Loh was represented by A. Srimurugan and Shamsher Singh Thind.
“I am very happy and I really do not want MAIPs to again and again disturb me,” she added, referring to the officials from the Perlis Islamic Religious and Malay Customs Council by its Malay abbreviation.
MAIPs and the Perlis government had filed a leave application to challenge a previous ruling by the Court of Appeal that first ruled that the unilateral conversion to Islam of Loh’s three children as against the Federal Constitution.
The Federal Court refused to grant leave or permission to MAIPs and the Perlis government to challenge the Court of Appeal’s decision, citing the landmark case of M. Indira Gandhi, another Hindu mother whose three children were unilaterally converted to Islam by their father as setting the precedent.
In January, the Court of Appeal granted all nine orders that Loh asked for in her legal challenge against her children’s unilateral conversion to Islam, including declaring the three children are adherents of Hinduism.
The other court orders which Loh won include an order to quash the July 7, 2020 certificates of conversion to Islam which were issued to the three children; an order to compel the Perlis Registrar of Mualaf to remove the three children’s names from the Perlis registry of Muslim converts; and a declaration that Section 117(b) of a Perlis state law (which allows children to be converted without both parents’ consent) is unconstitutional and invalid.
Subsequently, the four respondents — the Perlis registrar of Muslim converts, MAIPs, the Perlis mufti and the Perlis government — filed an appeal on the appellate court’s decision on February 8.
MAIPS and that idiot up north now can go forth and procreate
ReplyDeleteMFs. Let nons get on with their lives without these vermin interfering
For 3R champions , this is an intolerable loss.
ReplyDeleteThey must absolutely ensure the children remain Muslims.
lots of furious masturbation in Perlis right now, or they can suck on their own dicks
Delete