KUALA LUMPUR: The High Court today dismissed the application by the Perlis Islamic Religious and Malay Customs Council's (MAIPs) to provide Islamic education to Hindu mother Loh Siew Hong's three children, said to be unilaterally converted to Islam by their father in 2020.
High Court judge Hayatul Akmal Abdul Aziz said in her interview with them conducted in Bahasa Melayu, the twin girls, aged 15 and a boy aged 12, had objected to MAIP having access to them.
She described MAIPs application to provide religious education, attend Friday prayers and celebrate Hari Raya Aidilfitri and Aidiladha, as intrusive and not in the best interest of the children.
She said MAIPs had failed to establish its case, adding that there was no reasonable or lawful justification.
"The children told me they do not want to be Muslims. They know about MAIPs' application to have access to them.
"After being separated for three years from their mother, they are now happy. They are going to school and wish to do well in their studies.
"After considering all facts and evidences, I find no merits to this application. I dismiss this accordingly and there is no order for costs," she said in her decision today.
Hayatul said she had conducted separate interviews with the children and had told them to be truthful as it was to enable her to know their thoughts and wellbeing.
She said from the short introduction before the interview commenced, she found the children had good command of the language, were polite, able to understand clearly and voiced their opinion well.
The results of the interview with the siblings, she said, were similar.
Hayatul said the children lived a traumatic and topsy turvy life after being alienated for three years from their mother and placed under the care of the Welfare Department.
She said they had also witnessed how their abusive father assaulted their mother.
"In light of their traumatic experience, this application is not in the best interest of the children. They should not be compelled to do what they do not want.
"(All) parties must accept this situation. Stop denying and interfering what is left of their growing up years," she said, adding that children should not be victim of adults decision.
Lawyer J. Gunamalar represented Loh while Mohamed Haniff Khatri Abdullah appeared for MAIPs.
In 2019, Loh was hospitalised due to injuries inflicted by her ex-husband, Muhammad Nagahswaran Muniandy and it was when he took their children to Perlis.
In 2020, he had converted them to Islam without Loh's consent.
In Feb 2022, Judge Datuk Collin Lawrence Sequerah ordered the children, who were placed under department's care, to be returned to their mother.
In May 2023, Judge Datuk Wan Ahmad Farid Wan Salleh ruled that the unilateral conversion was valid.