KUALA LUMPUR: Hindu mother Loh Siew Hong failed in her bid to challenge the unilateral conversion of her three children to Islam by her former husband.
Judge Datuk Wan Ahmad Farid Wan Salleh ruled that the unilateral conversion made in Perlis four years ago is valid.
Ahmad Farid in his judgment said there was no evidence that the three children had stopped professing the religion of Islam when they were under the care of the applicant (Loh) either.
"After having obtained the custody of the child pursuant to the habeas corpus order, the three children were staying with the applicant.
"There is no evidence before me that the three children are not happy staying with the applicant.
"The applicant did not deny that her children continued professing the religion of Islam in performing the daily Subuh prayers while they are in her custody," he said in an online proceeding today.
Ahmad Farid said there was no evidence that the three children have reverted to the Hindu religion.
"There is another aspect of the Indira Gandhi (case) that has been rarely discussed in subsequent reported cases. It is this. It concerns that welfare of the children that must take precedence."
Ahmad Farid is referring to the case of Indira Gandhi where the Federal Court in a landmark decision ruled that 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.
"So, even if the Certificates of Conversion are not conclusive proof, in view of its unilateral nature, the 'force of the evidence' would suggest that the three children continued professing the religion of Islam." he added.
The court made no order as to cost as the case involved public interest.
Loh's three children were converted to Islam by her ex-husband without her consent in 2019, and she is contesting the legality of it.
She is seeking a declaration that her children are Hindus and that they were legally unfit to embrace Islam without her approval.
She is also seeking to reverse her children's registration of conversion to Islam dated July 7, 2020, issued by the registrar.
Loh had named the Registrar of Mualaf, Religious and Malay Customs Council of Perlis, besides Perlis state mufti Datuk Mohd Asri Zainul Abidin and the Perlis state government as respondents.