Malaysia Hindu Sangam president A Vaithilingam has approached the newly sworn-in cabinet regarding the forced conversion of three young children in Ipoh.
"After bringing this issue up to Deputy Prime Minister Muhyiddin Yassin and Koh Tsu Koon (minister in the Prime Minister's Department) and Dr S Subramaniam (human resources minister), (it was) viewed with great concern," he said in a statement.
According to him, Muhyiddin has set up a committee comprising Koh, Subramaniam and Minister in the Prime Minister's Department in charge of Islamic matters Jamil Khir Baharom to look into the case.
"In the meantime, Hindu Sangam appeals to all those concerned to be calm and assist in finding a just solution to this issue. Let’s pray for common sense and justice," he added
The three children, aged one to 12, were converted by their 40-year-old father Mohd Ridzuan Abdullah on April 12 using only their birth certificates. He has also filed for custody with the Syariah Court.
Their mother, M Indira Ghandi, 35, is appealing for her children to be allowed to practice their original faith.
Currently, the couple's youngest daughter Prasana Diksa is with Mohd Ridzuan whereas the other two - Tevi Darsiny, 12 and Karan Dinesh, 11 - are with Indira.
The kindergarten teacher is seeking refuge with a relative, fearing that Islamic officials would take her kids away.
What can the committee do?
Meanwhile, Indira's lawyer A Sivanesan said they will be filing for the custody of the children next week and handle the other issues relating to their conversion later.
"Justice should not only be done, but must be manifestly seen to be done... but in this kind of scenario there is no justice.
"I have worked with so many of them and I have seen their agony, especially the non-Muslims," he told Malaysiakini.
Sivanesan also expressed little faith in the new cabinet committee.
"What is the new committee going to do? By forming a three-man council, how is it going to solve her problem?" he asked.
He said changes should be done simply by making it a mandatory requirement for all those attempting to convert to produce evidence that the person has settled everything in relation to their civil marriage when registering with the Islamic Department.
"If both parties convert, there is no problem, however, if one party converts and the other does not wish to do so, both parents must allow their children to turn 18 and let them decide for themselves,"
he added.
Controversial issue
Conversion of non-Muslims who are married through civil laws with one partner refusing to follow suit has always stirred controversy in the country as legal remedies are ambiguous and more often than not seen beneficial only to the Muslim partner.
In 2006, a similar custody battle made headlines involving Hindu wife R Subashini and T Saravanan, who had converted to Islam and assumed the name Muhammad Shafi.
Muhammad Shafi had sought for divorce and applied for custody of the couple's two children through the syariah courts.
Subsequently, Subashini filed for an injunction against her estranged husband’s actions at the Syariah Court but this was rejected at every level up to the Federal Court.
In 2007, the highest court of the land ruled that according to Article 12(4) Federal Constitution, the consent of one parent is sufficient in the conversion of a child.
However, the court did not make clear on the issue pertaining to the custody of the two children as it ruled that both husband and wife can initiate custody proceedings in their respective jurisdictions.
The government, although the issue has been raised on many occasions, has remained mum on the uncertainties involved.
"After bringing this issue up to Deputy Prime Minister Muhyiddin Yassin and Koh Tsu Koon (minister in the Prime Minister's Department) and Dr S Subramaniam (human resources minister), (it was) viewed with great concern," he said in a statement.According to him, Muhyiddin has set up a committee comprising Koh, Subramaniam and Minister in the Prime Minister's Department in charge of Islamic matters Jamil Khir Baharom to look into the case.
"In the meantime, Hindu Sangam appeals to all those concerned to be calm and assist in finding a just solution to this issue. Let’s pray for common sense and justice," he added
The three children, aged one to 12, were converted by their 40-year-old father Mohd Ridzuan Abdullah on April 12 using only their birth certificates. He has also filed for custody with the Syariah Court.
Their mother, M Indira Ghandi, 35, is appealing for her children to be allowed to practice their original faith.Currently, the couple's youngest daughter Prasana Diksa is with Mohd Ridzuan whereas the other two - Tevi Darsiny, 12 and Karan Dinesh, 11 - are with Indira.
The kindergarten teacher is seeking refuge with a relative, fearing that Islamic officials would take her kids away.
What can the committee do?
Meanwhile, Indira's lawyer A Sivanesan said they will be filing for the custody of the children next week and handle the other issues relating to their conversion later."Justice should not only be done, but must be manifestly seen to be done... but in this kind of scenario there is no justice.
"I have worked with so many of them and I have seen their agony, especially the non-Muslims," he told Malaysiakini.
Sivanesan also expressed little faith in the new cabinet committee.
"What is the new committee going to do? By forming a three-man council, how is it going to solve her problem?" he asked.
He said changes should be done simply by making it a mandatory requirement for all those attempting to convert to produce evidence that the person has settled everything in relation to their civil marriage when registering with the Islamic Department.
"If both parties convert, there is no problem, however, if one party converts and the other does not wish to do so, both parents must allow their children to turn 18 and let them decide for themselves,"
he added.
Controversial issue
Conversion of non-Muslims who are married through civil laws with one partner refusing to follow suit has always stirred controversy in the country as legal remedies are ambiguous and more often than not seen beneficial only to the Muslim partner.
In 2006, a similar custody battle made headlines involving Hindu wife R Subashini and T Saravanan, who had converted to Islam and assumed the name Muhammad Shafi.
Muhammad Shafi had sought for divorce and applied for custody of the couple's two children through the syariah courts.
Subsequently, Subashini filed for an injunction against her estranged husband’s actions at the Syariah Court but this was rejected at every level up to the Federal Court.
In 2007, the highest court of the land ruled that according to Article 12(4) Federal Constitution, the consent of one parent is sufficient in the conversion of a child.
However, the court did not make clear on the issue pertaining to the custody of the two children as it ruled that both husband and wife can initiate custody proceedings in their respective jurisdictions.
The government, although the issue has been raised on many occasions, has remained mum on the uncertainties involved.
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