FOLLOWING the Federal Court’s ruling which reaffirmed the non-Muslim status of her three children, single mother Loh Siew Hong has told the Perlis Islamic Religious and Malay Customs Council (MAIPs) to leave her alone.
The 36-year-old Loh who stood with her legal team at the lobby of the Palace of Justice in Putrajaya today (May 14) said her twin girls, 15, and son, 12, had suffered in the past four years since her children were converted by her ex-husband and Muslim convert Muhammad Nagahswaran Muniandy in 2020.
“I do not want MAIPs to disturb me. Leave me alone. Enough,” Loh said, adding that she was happy with the apex court’s verdict.
Earlier today, in a unanimous decision, a three-member apex court panel led by Chief Justice Tun Tengku Maimun Tuan Mat denied leave for MAIPs and three others to proceed with an appeal to reinstate the Islamic conversion of Loh’s children.
Tengku Maimun said the ruling in M. Indira Gandhi’s case, handed down by a five-member apex court bench, was good law.
“There is no reason to revisit the case,” said the top judge in her oral ruling.
Today’s verdict also meant that the Court of Appeal ruling on Jan 10 to annul a provision in the Perlis state enactment allowing unilateral conversions was upheld as it contradicts Article 12(4) of the Federal Constitution.
According to Tengku Maimun, MAIPs, the registrar of converts, Perlis mufti Datuk Dr Mohd Asri Zainul Abidin and the state government as respondents were attempting to revisit Indira’s case.
She said the English text of the Federal Constitution that states “parent” in Article 12(4) meant the consent of both parents was needed to convert a minor to Islam.
“Indira’s (case) was not decided per incuriam (wrongly),” Tengku Maimun said, adding that the Federal Court ruling applied throughout the nation.
She said there was also no evidence that the Bahasa Melayu version of the constitution had been prescribed by the Yang di-Pertuan Agong as the official text.
“The counsel for the respondents did not address this issue,” she said, ordering the parties to bear their costs.
Loh and Nagahswaran, now 36, entered a civil marriage in 2008, but their marriage broke down over allegations of domestic violence that saw her hospitalised. She filed for divorce in December 2019.
However, while she was recuperating from her injuries in a hospital, it was reported the father took the three children away and converted them on July 7, 2020.
In March 2021, Loh was granted sole custody, care, and control over the children, and was legally divorced in September of that year.
In February 2022, Loh’s children – who were under the care of the Social Welfare Department – were released to their mother after the Kuala Lumpur High Court allowed her habeas corpus application. – May 14, 2024
Main pic credit: The Edge Malaysia
