PUTRAJAYA: A nine-year legal saga ended today for Hindu mother M. Indira Ghandi as the Federal Court in a landmark decision ruled that the unilateral conversion of her three children to Islam is invalid.
A five-man bench led by Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin unanimously made the decision after allowing Indira's final bid in challenging the validity of the conversion of her children by her Muslim ex-husband Muhammad Riduan Abdullah.
In granting the appeal, the court, among others, held that the Certificate of Conversion that was issued without the consent of the appellant (Indira) was null and void and must be set aside.
Indira who was sitting in the front row of the public gallery burst into tears when the judgment was delivered.
Federal Court judge Tan Sri Zainun Ali who read out the summary of the 99-page judgment said the consent of both parents of a civil marriage must be obtained before a Certificate of Conversion to Islam can be issued in respect of the child.
"We find that the Certificates of Conversion issued without the consent of the appellant contravenes Article 12 (4) of the Federal Constitution.
"Article 12(4) requires the consent of both parents (if both are living) for the conversion of a minor child," she said.
Zainun had also in the judgment said the equality of parental right in respect of an infant wa expressly embodied in the Guardianship of Infants Act 1961 (GIA).
"To allow the other spouse to unilaterally convert the children without consent of the appellant would amount to a serious interference with the lifestyle of the new family unit.
"Where the child's religion or religious upbringing is in issue, the paramount consideration for the court is to safeguard the welfare of the child, having regard to all circumstances of the case.
"Where a decision of such significance as the conversion of a child is made, it is undoubtedly in the best interests of the child that the consent of both parents must be sought," Zainun said.
In the landmark ruling, the court also found that the Registrar of Muallaf in issuing the Certificate of Conversion to the three children did not comply with Sections 96 and 106 (b) of the Perak Enactment.
It ruled that the requirement under the Sections has not been fulfilled as the appellant's children did not present themselves before the Registrar of Muallaf to utter the "Kalimah Shahadah" (Affirmation of Faith).
"Section 96(1) shall be complied with for valid conversion of a person to Islam," the court held.
Also presiding were Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, and Federal Court judges Tan Sri Abu Samah Nordin and Tan Sri Ramly Ali.
Indira, 43, who is a kindergarten teacher, had first filed a judicial review application on June 9, 2009, at the Ipoh High Court to challenge the conversion of the three children - Tevi Darsiny, 21, Karan Dinish, 20, and Prasana Diksa, 9 - to Islam by Riduan, 48, whose Hindu name was K. Patmanathan.
Indira and Riduan, who is the respondent, became involved in a protracted custodial battle for the three children, with the Ipoh High Court giving her custody, in contrast to the Ipoh Syariah High Court's decision to award custody to the father.
The Ipoh High Court had allowed her judicial review bid to quash her children's conversion. However, the ruling was reversed by the Court of Appeal.
The other respondents in her appeal were the Perak Registrar of Converts, the state's Islamic Religious Department director, the state government, the Education Ministry and the Federal Government.
Riduan converted to Islam on March 11, 2009.
At the time of Riduan's conversion, the two elder children were residing with Indira while their youngest child was with him.
On April 2, 2009, Riduan converted the three children to Islam while they were 12 and 11-years-old and 11-months-old respectively without Indira's knowledge.
She only received documents from Riduan showing that the Registrar of Muallafs had registered the children as Muslims.