In
a landmark decision today, the High Court sitting in Ipoh overturned
the conversion of three minors, the children of M Indira Gandhi, whose
father converted them to Islam without her knowledge.
The
decision comes after the predicament of Indira Gandhi entered into the
fourth year since the conversion of her children, after another bench of
the High Court in Ipoh ruled that her matter
cannot be heard until several similar cases of conversion of minors, such as the
S Shamala case, are disposed of by the Federal Court.
Shamala's
Federal Court case did not come to a conculsion as she left the country
with her two converted children before the matter came up.
In
today's decision, Justice Lee Swee Seng ruled that Indira's children had
not been converted as the 'dua kalimah syahadah' (pronouncement to
embrace Islam) was not performed on them and therefore, such an act was
unconstitutional.
“It is against the right of natural justice
because the conversion was made without hearing from the mother or the
children,” Justice Lee said.
"Under the Perak Islamic Administration Enactment, the three children must have the intention to embrace Islam without force.
"In
this case, the three children cannot be proved to have recited the
syahadah (affirmation of faith) and they, as well as their mother, were
not present at the Islamic Religious Office for the conversion
purposes," he said.
'Conversion goes against UN convention'The
judge also ruled that the alleged conversion attempt went against the
United Nations Convention on the Elimination of All Forms of
Discrimination Against Women.
"This decision is no victory for
anyone, but we have to learn to live in harmony," Justice Lee said in
reading his one-hour-40-minute judgment.
There were no orders made on costs. This decision of the civil court means that the three will remain as Hindus.
According
to tweets from PusatRakyatLB, who was present when the judgment was
read out, Justice Lee said the interpretation of the Federal
Constitution says parents have equal rights as this is consistent with
the international norm.
There have been a lot of arguments on
this issue alone, following several laws being introduced in several
states allowing unilateral conversion to Islam by one converting parent.
The Administration of Islamic Law (Federal Territories) Act
Amendment Bill 2013, which was tabled in Parliament for its first
reading, was
withdrawn following an uproar against it from various groups.
Children were reportedly converted in 2009
Ipoh Barat MP M Kulasegaran, who represented Indira and her children, took to
Twitter to express his delight with the decision. The other lawyer representing them was K Shanmuga.
When contacted Kulasegaran (
right) and Shanmuga confirmed the landmark decision made by Justice Lee.
Kulasegaran, had tweeted his concern that there could be an appeal over this matter following the landmark decision.
Malaysia has a dual court system, civil and syariah courts, which govern matters pertaining to Islam.
Indira's three children were converted in April 2009 by her estranged husband, Mohd Riduan Abdullah, without her knowledge.
She
filed the civil case against the state registrar of conversions, the
Perak Religious Department director, the state and federal governments,
the Education Ministry and her husband K Patmanathan (now known as
Riduan).
She has two daughters, now aged 16 and five years, and a 15-year-old son.
Patmanathan
@ Mohd Riduan, who is said to be in Kelantan, has the five-year-old
daughter with him, despite a court order instructing him to return the
child to the mother.
Shanmuga said today's decision covers the religious status of all three children, including the one held by the father.
In
Negri Sembilan last month, the state's Islamic Affairs Department ruled
that consent of only one parent who has embraced Islam is needed to
have their children converted to the faith.
The department took
this position after a mother from Jelubu, aged 29, complained that her
estranged husband had secretly converted their two children, aged five
and eight, to Islam in April this year.
Negeri Sembilan Islamic Affairs Department director Johani Hassan said the woman's
only remedy
was to appeal to the syariah court, but this may pose a problem as she
is not a Muslim and is therefore not subject to syariah jurisdiction.