Lawyer: Mum can convert her kids to Islam

KUALA LUMPUR: The High Court was told that a Muslim convert mother has the right to convert her children as she is their guardian.

Lawyer Datuk Sulaiman Abdullah, who acted for the Federal Territories Registrar of Muallaf, submitted that the 42-year-old mother had been given custody of the children and nothing could stop her from converting them as she was their guardian.

He was submitting yesterday in the case of a Buddhist businessman whose then estranged wife had unilaterally converted their two children in May 2016. The couple divorced last month and custody was granted to the mother, who converted to Islam in December 2015.

In his application filed on June 14, 2016, the children’s father sought leave to initiate a judicial review to quash the conversion of his then eight-year-old daughter and four-year-old son.

The father wants an order to revoke any document that is in the possession of the Pendaftar Muallaf or Education Ministry.

Alternatively, he is seeking a declaration that the certificates of conversion are null and void.

At the High Court yesterday, Sulaiman said the children were present at the Federal Territory Islamic Religious Department (Jawi) when they uttered the Kalimah Shahadah (Affirmation of Faith).

"They want to become Muslim. Why should we not allow them? The children had also testified during the hearing of guardianship that they were willing to follow their mother to the mosque.

"The court should distinguish this from the case of kindergarten teacher M. Indira Gandhi whose children were not present during the conversion done at the Perak Religious Department," he told High Court judge Justice Azizah Nawawi.

Lawyer K. Shanmuga, who appeared for the 46-year-old father, said consent from both parents were needed to convert the children, just as in Indira Gandhi's case.

"Parental consent is a must," he said.

The children did not understand the consequences, he added.

Furthermore, he said the children were residing in Selangor and so the Federal Territories Registrar of Muallaf had no power to register the conversion.

Justice Azizah fixed July 12 for the hearing of further submissions.