Conversion of three children to Islam is a syariah court matter: Appeals court

PUTRAJAYA: The Court of Appeal today overturned an Ipoh High Court ruling that the conversion of three children to Islam by one parent was null and void.
In a 2-1 decision, the Court of Appeal ruled that the matter of conversion of the three children by their father, a Muslim convert Muhammad Riduan Abdullah (formerly known as Pathmanathan s/o Krishnan), fell under the sole purview of the syariah court.
The three-judge panel headed by Datuk Balia Yusof Wahi, ruled that the High Court in Ipoh had no jurisdiction over syariah matters and that the legality of the religion status of minors should only be decided by the syariah court.
"We are of the majority view in this court that, taking the subject matter approach, it is beyond the shadow of doubt that whether a person is Muslim or not falls strictly under the syariah court," said Balia.
Justice Datuk Badariah Sahamid concurred with his view to allow the appeal by Perak Religious Department, five other government agencies and Muhammad Riduan.
Justice Datuk Dr Hamid Sultan Abu Backer, who gave the minority decision, said the conversion was an administrative subject matter and "it was 'void ab initio' (considered as void from the beginning)."
He said for a child to convert, "the child has to make an application with the father's consent".
However, in this case, the father made the application to convert for his children.
"The Perak state enactment does not have the provision that applies to this case," he added.
Kindergarten teacher M. Indira Gandhi had challenged the conversion of her three children – Tevi Darshiny, Karan Dinesh, and Prasana Diksa – by Muhammad Riduan.
She had secured a favourable decision when the Ipoh High Court in July, 2013, quashed the certificates of conversion as Muslims of her three children, declaring them to be null and void.
Ipoh High Court Judge Lee Swee Seng had held that according to Perak Syariah law, "children must be present to utter 'syahadah' or affirmation of Islamic faith before a certificate of conversion could be issued."
Later, asked if Indira would challenge the issue in the apex court, her lawyer M. Kulasegaran said: "I will discuss with Indira on the next course of action."
Malaysian Muslim Lawyers' Association president Datuk Zainul Rejal Abu Bakar was also present in court.
The legal wrangle began when Muhammad Riduan unilaterally converted the children without the consent of Indira.
In April, 2009, the syariah court granted custody of the three children to Muhammad Riduan, but the civil court ruled that the siblings' custody should be given to Indira in March 2010.
Muhammad Riduan was then cited for contempt by the Court of Appeal when he defied the High Court decision that he should return the children to his ex-wife. He is believed to be in Kelantan at present.
In April this year, he failed to secure leave to challenge the contempt of court order at the Federal Court.
Speaking to reporters after the decision, Indira who appeared visibly upset, said she had no idea when her prolonged legal battle would end.
"It has been dragging on for so many years and I have no idea when this is going to stop and what will happen to my children? It has been seven years. I don't know much about legal matters but I thought it was all over when the High Court made the ruling in my favour two years ago," she said.
A distraught Indira also said she wanted her youngest child Prasana Diksa back.
"I want my life with my youngest child. Where is justice for people like me?" she said, holding back tears.
Prasana Diksa was taken away from Indira six years ago by her father when she was 11-months-old.