Federal Court to decide on points of law in relation to religious conversion

PUTRAJAYA: The Federal Court is to decide on three questions of law in relation to religious conversion raised by kindergarten teacher M. Indira Gandhi (pix) whose three children were converted to Islam without her consent.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, who sat with Datuk Seri Abu Samah Nordin and Datuk Aziah Ali, allowed three out of eight questions on points of law. They are:
» whether the consent of a mother and father is a must before a certificate of conversion to Islam can be issued;
» whether the High Court has jurisdiction to review actions of Registrar of Muallafs in exercising statutory powers vested by the Administration of the Religion of Islam (Perak) Enactment 2004; and
» whether a child from a civil marriage, who has attained the age of 18, must comply before the Registrar of Muallafs registers the conversion to Islam.
The court today allowed the questions, which were raised in her application for leave to appeal against the decision of the Court of Appeal which had ruled that the conversion of the children by the father, Muslim convert Muhammad Riduan Abdullah, is under the jurisdiction of the syariah court.
Senior Federal Counsel Shamsul Bolhassan did not object to the leave application but said only two of the eight questions had passed the required threshold under the law.
Meanwhile, Indira's lawyer M. Kulasegaran said Riduan was in contempt of court as he had failed to comply with the custody order in respect of their youngest child.
He said an order directing the Inspector General of Police (IGP) to execute a warrant of arrest against the father had been issued, and Muhammad Riduan should not be permitted to submit.
"He should not be heard until the contempt is purged," said Kulasegaran.
In 2009, the Ipoh Syariah Court gave Muhammad Riduan, who was formerly known as K. Pathmanathan, custody of their three children, Tevin Darsiny, Karan Dinish and Prasana Diksa, after he unilaterally converted them to Islam.
Tevin, a girl, is now 18-years-old, Karan, a boy, 17, while Prasana, a girl now aged 7, is with the father.
In 2010, the Ipoh High Court granted Indira full custody of all three children and Riduan was ordered to return Prasana to her mother.
Indira, who has not seen Prasana since she was a baby, is hoping for her return soon.
Outside the court, Kulasegaran said he would seek for an early trial date and a full bench to hear the matter.