Court quashes conversion certificates of two children

KUALA LUMPUR: The High Court here yesterday quashed the conversion certificates of two children who were unilaterally converted to Islam by their Muslim convert mother, after ruling that the court is bound by a Federal Court’s decision on M Indira Ghandi’s case.

Judge Datuk Azizah Nawawi made the decision after allowing a judicial review application brought by a Buddhist businessman to quash the conversion certificates of his ten-year- old daughter and five-year- old son by his Muslim convert ex-wife.

Azizah in her judgment said the court is bound by the Federal Court’s decision which allowed an appeal by kindergarten teacher, Indira Ghandi, who challenged the conversion of her three children to Islam by her ex-husband Muhammad Riduan Abdullah.

“It was not in dispute that the conversion was not made with consent by both parents.

Hence, the court allows the judicial review by the applicant and quash the conversion certificates of the two children,” she said and made no order as to costs.

Azizah also ordered the director-general of Jawi (Federal Territories religious department) and Federal Territories Registrar of Muallaf (converts to Islam) as respondents to remove the names of the two children from the registration of Muallaf.

The court had also dismissed an application by lawyer Datuk Sulaiman Abdullah, who acted for the Federal Territories Registrar of Muallaf for a stay of the order pending disposal of its appeal against yesterday’s decision at the Court of Appeal.

On Sept 14, this year the Court of Appeal had given full custody of the two children who were unilaterally converted to Islam to their Buddhist father after allowing the businessman’s appeal to reverse the Shah Alam High Court’s decision which gave the custody of the children to their Muslim convert mother.

In his application filed on June 14, 2016, the businessman father named the director- general of Jawi (Federal Territories religious department), Federal Territories Registrar of Muallaf, the directorgeneral of the Education Ministry, the Federal Government and the 42year- old mother as respondents.

The 46-year- old father, who was represented by lawyer K Shanmuga ,had sought to quash the conversion of his two children by his Muslim convert ex-wife.

The Buddhist father also sought an injunction to stop the respondents and each one of them from registering or causing to be registered any change of children’s religion to Islam.

He also wanted an order to revoke any documents that are in the possession of the Registrar of Muallaf or Education Ministry.

Alternatively, he sought a declaration that the certificate of conversions of the two children are null and void.

When met outside the court, lawyer Rohani Ibrahim, who represented the 42-year- old mother, said they will file an appeal against the decision, as soon as possible.

The lawyer also informed reporters that they had filed an appeal at the Federal Court last Thursday against the Court of Appeal’s decision which gave full custody of the two children to their father. — Bernama