Indira’s case not within syariah court’s jurisdiction

PETALING JAYA: Kindergarten teacher M. Indira Gandhi’s appeal against the conversion of her three children to Islam, was not within the syariah court’s jurisdiction as it did not involve the interpretation of any Islamic personal law or principles, the Federal Court states in its grounds of judgment.

In a 100-page document containing the grounds for the court to allow Indira Gandhi’s appeal on Jan 29, Justice Zainun Ali said the mother was challenging the administrative power exercised by the Registrar of Muallafs under the administration of the Religion of Islam (Perak) Enactment 2004 with regard to the registration and issuance of the certificates of conversion of her children.

The grounds were released yesterday on the judiciary’s website.

Justice Zainun said the appellant was not questioning the conversion itself but the process and legality thereof.

She said it was not disputed that the registrar was exercising a statutory function as a public authority under the Perak Enactment in issuing the certificates.

“As had been clearly manifested earlier, the jurisdiction to review the actions of public authorities and the interpretation of the relevant state or federal legislation as well as the Federal Constitution lie squarely within the jurisdiction of the civil courts.

“The determination of the appellant’s appeal does not involve the interpretation of any Islamic personal law or principles and this has to be made clear,” said Justice Zainun.

On Jan 29, the Federal Court set aside the conversion of Indira Gandhi’s three children – Tevi Darsiny, 20, Karan Dinesh, 19, and the youngest Prasana Diksa, nine – by her ex-husband Muhammad Riduan Abdullah.

Formerly known as K. Pathmanathan, Muhammad Riduan converted to become a Muslim eight years ago. The youngest child is with Muhammad Riduan while the two elder ones are with their mother.

Justice Zainun said the yardstick to ascertain the validity of the conversion was the administrative compliance with the expressed conditions stated in Sections 96 and 106 of the Perak Enactment, namely the utterance of the Affirmation of Faith (the Kalimah Syahadah) and the consent of the parents.

She said syariah court judges were appointed by the Rulers of the respective states after consultation with the relevant state religious council, adding that it was trite that the syariah courts did not have jurisdiction over non-Muslims and non-Muslim parties have no right to appear in the syariah court.

She said judicial power could not be vested in the syariah courts as such courts were not constituted as a superior court in the Federal Constitution.

On Jan 29, the five-man panel led by Court of Appeal president Justice Zulkefli Ahmad Makinudin unanimously set aside the unilateral conversion of the children, ruling that both parents must give consent beforehand.