Court: Muslim conversion of Indira’s children unconstitutional

7/27/2019 Court: Muslim conversion of Indiras children unconstitutional

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Court: Muslim conversion of Indiraschildren unconstitutional

JULY 25, 2013UPDATED: JULY 25, 2013 07:06 PM

PETALING JAYA, July 25 In a landmark decision today, an

Ipoh High Court quashed the Muslim conversion certificates of M. Indira Gandhis three

children, ruling it unconstitutional to convert a child without the mothers consent.

Todays decision comes after the federal government bowed to public pressure and was

forced to withdraw a Bill that was aimed at legalising the unilateral conversion of minors

to Islam.

According to a report on The Star Online here, Judicial Commissioner Lee Swee Seng

declared the certificates of the three children - Prasana Diksa, five; Tevi Darsiny, 16; andKaran Dinish, 15 - null and void after finding them unconstitutional and against the right

of natural justice for being issued without Indira Gandhis knowledge or consent.

This decision is no victory for anyone, but we have to learn to live in harmony, Justice

Lee said in a report on anothe news portal, Malaysiakini.

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The kindergarten schoolteacher has been trapped since 2009 in a legal nightmare that

started with the falling out with her husband, Muslim convert Mohd Ridzuan Abdullah,

who was formerly K. Pathmanathan and a Hindu like her.

She has been fighting to keep her children Hindus, a struggle made more complicated

by a messy custody battle, which had at one point saw her lose guardianship over her

youngest child Prasana, when she was merely two-years-old.

When arguing her case, Indira has been repeatedly pointing out that her childrens

conversion had been without her or her childrens presence or knowledge.

In court today, Lee cited Articles 3, 5 and 11 of the Federal Constitution to back his

ruling, noting that the countrys highest law prescribes that a mother has the equal right

to raise her children according to her own religion, said the English dailys report.

The court also pointed to the Perak Syariah law, which Lee said stipulates that child to

be converted should be present to utter the affirmation of faith.

Earlier this month, Putrajaya retracted the disputed Administration of the Religion of

Islam (Federal Territories) Bill 2013 from Parliament, yielding to criticism that it was

attempting to legislate unilateral child conversion to Islam that the Cabinet had prohibited

in 2009.

Minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom filed to have the Bill

withdrawn, along with two others. Jamil Khir was also the minister who tabled the

proposed laws last month.

The uproar over the proposed law was such that it even saw rare public division over the

issue within Cabinet, with ministers Datuk Seri G. Palanivel, Datuk Paul Low and Datuk

Seri Nazri Aziz all publicly speaking out against the Bill.

The attempt to legislate single parent consent for child conversion to Islam had caught

the attention of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism,

Sikhism and Taoism (MCCBCHST) and Bar Council shortly after it was tabled, with both

calling the move unconstitutional.

The MCCBCHST went a step further and slammed the Cabinet as insincere for

introducing the law despite a 2009 announcement by then law minister Nazri banning

the unilateral conversion of minors to Islam.

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Custodial tussles in cases of unilateral child conversions have been a growing concern

over the years and provide a high-profile glimpse of the concerns of Malaysias religious

minorities over the perceived dominance of Islam in the country.

It also highlights the complications of Malaysias dual legal systems where Muslims are

bound by both civil and syariah laws, the latter of which do not apply to or recognise

non-Muslims.

Cases since Nazris 2009 announcement, such as that of a Hindu mother in Negri

Sembilan who discovered in April her estranged husband had converted their two

underage children to Islam after he had done so a year earlier without her knowledge,

also illustrate the lack of adherence to the ruling.

- See more at: http://www.themalaymailonline.com/malaysia/article/muslim-conversion-of-indiras-children-unconstitutional-court-

rules#sthash.XShkSdYs.dpuf

Court overturns conversion of minors toIslam

Malaysiakini 23 minutes ago

View Photo

In a landmark decision today, the High Court sitting in Ipoh overturned the

conversion of three minors, the children of M Indira Gandhi, whose father converted

them to Islam without her knowledge.

The decision comes after the predicament of Indira Gandhi ( right ) entered into the

fourth year since the conversion of her children, after another bench of the High

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Court in Ipoh ruled that her matter cannot be heard until several similar cases of

conversion of minors, such as the S Shamala case, are disposed of by the Federal

Court.

Shamala's Federal Court case did not come to a conculsion as she left the countrywith her two converted children before the matter came up.

In today's decision, Justice Lee Swee Seng ruled that Indira's children had not been

converted as the 'dua kalimah syahadah' (pronouncement to embrace Islam) was not

performed on them and therefore, such an act was unconstitutional.

"It is against the right of natural justice because the conversion was made without

hearing from the mother or the children," Justice Lee said.

He also said it was unlawful as syariah law in Perak states that the children must be

present to utter the 'syahadah'.

'Conversion goes against UN convention'

The judge also ruled that the alleged conversion attempt went against the United

Nations Convention on the Elimination of All Forms of Discrimination Against

Women.

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"This decision is no victory for anyone, but we have to learn to live in harmony,"

Justice Lee said in reading his one-hour-40-minute judgment.

There were no orders made on costs. This decision of the civil court means that the

three will remain as Hindus.

According to tweets from PusatRakyatLB, who was present when the judgment was

read out, Justice Lee said the interpretation of the Federal Constitution says parents

have equal rights as this would be consistent with the international norm.

There have been a lot of arguments on this issue alone, following several laws being

introduced in several states allowing unilateral conversion to Islam by one

converting parent.

The Administration of Islamic Law (Federal Territories) Act Amendment Bill 2013,

was tabled in Parliament for its first reading but it was withdrawn following an

uproar over it from varuious groups.

Children were reportedly converted in 2009

Ipoh Barat MP M Kulasegaran, who represented Indira (right) and her children, took

to Twitter to express his delight with the decision. The other lawyer representing

them was K Shanmuga.

When contacted Kulasegaran ( right ) and Shanmuga confirmed the landmark

decision made by Justice Lee.

Kulasegaran, had tweeted his concern that there could be an appeal over this matter

following the landmark decision.

Malaysia has a dual court system, civil and syariah courts, which govern matters

pertaining to Islam.

Indira's three children were converted in April 2009 by her estranged husband,

Mohd Riduan Abdullah, without her knowledge.

She filed the civil case against the state registrar of conversions, the Perak Religious

Department director, the state and federal governments, the Education Ministry and

her husband K Patmanathan (now known as Riduan).

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She has two daughters, now aged 16 and five years, and a 15-year-old son.

Patmanathan @ Mohd Riduan, who is said to be in Kelantan, has the five year-old

daughter with him, despite a court order instructing him to return the child to the

mother.

Shanmuga said today's decision covers the religious status of all three children,

including the one held by the father.

In Negri Sembilan last month, the state's Islamic Affairs Department ruled that

consent of only one parent who has embraced Islam is needed to have their children

converted to the faith.

The department took this position after a mother from Jelubu, aged 29, complained

that her estranged husband had secretly converted their two children, aged five and

eight, to Islam in April this year.

Negeri Sembilan Islamic Affairs Department director Johani Hassan said the

woman's only remedy was to appeal to the syariah court, but this may pose a

problem as she is not a Muslim and is therefore not subject to syariah jurisdiction.

Non-Muslim group hopes Indiraruling will bring lasting solution

BY SYED JAYMAL ZAHIIDJULY 26, 2013

KUALA LUMPUR, July 25 Questions remain on whether the Ipoh High Courts

decision against the unilateral conversion of M. Indira Ghandis children to Islam would

solve the jurisdiction overlap of the civil and syariah courts but to Malaysias biggest

umbrella group representing non-Muslims, it is a big step forward.

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Jagir Singh (picture), the new president

of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and

Taoism (MCCBCHST), said the ruling which declared the conversion as

unconstitutional could set a precedent for future cases in which the civil court would

supersede its syariah counterparts in conversions involving non-Muslims.

We welcome the judgment. It is a very big step forward which shows the civil courts

have locus standi. This should be the case for conversion cases for non-Muslims, Jagir,

a lawyer by training, said in a brief interview with The Malay Mail Online.

In a landmark decision yesterday, the High Court quashed the conversion certificates of

Indiras three children following a protracted legal battle with her husband, Muslim

convert Mohd Ridzuan Abdullah, who converted their children to Islam four years ago

without the formers consent.

I am extremely happy that we won. It has been a much-awaited verdict, Indira, akindergarten teacher, told The Malay Mail Online when contacted yesterday.

The ruling follows recent uproar and protest against Putrajayas move to amend federal

laws that would allow unilateral conversion of minors to Islam. Rights group and

opposition leaders argued that the amendments were against the Constitution which

provides for consent of both parents for conversions.

Caving in to public pressure, the Najib administration eventually withdrew the Bills.

Jagir noted that the conversion issue had dragged on for 20 years with the courts often

siding the Muslim parent.

But yesterdays ruling, he said, could provide some legal recourse for non-Muslim

parents.

The council has long fought for this, that the civil courts, and not the syariah, be given

the power to decide on conversions for non-Muslims, he said.

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But Edmund Bon, human rights lawyer and founder of MyConsti, said although the Indira

ruling could solve the jurisdiction overlap, the Federal Constitution must be amended to

ensure clarity so that for future cases, any conversions must have the consent of both

parents.

The contention comes followed confusion over the term parent. In the Bahasa Malaysia

translation of the Constitution, it says either the father or mother have the right to convert

their children although the parent was meant to described both the mother and father.

For clarity Parliament needs to amend the constitution to make it watertight, Bon

told The Malay Mail Online via a text message.




Lawyers and rights groups agreed that Indiras historic win yesterday marks a major

milestone in Malaysias inter-religious relations, which have suffered greatly over the

years due to inconsistent policies and overlaps in legal jurisdictions.

The issue has also been highly politicised due to Malaysias Muslim-majority population.

- See more at: http://www.themalaymailonline.com/malaysia/article/non-

muslim-group-hopes-indira-ruling-will-bring-lasting-

solution#sthash.wkvSGvij.dpuf

-

Conversion was null and void, says courtIsmail

| July 26, 2013

The court ruled that the father had failed to follow the rules in converting his

Hindu children.

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IPOH: The High Court here has ruled as

null and void the conversion of three Hindu children of kindergarten teacher, M.Indira

Ghandi to become Muslims.

Judicial Commissioner Lee Swee Seng also ruled that the father of the children, Mohd

Ridzuan Abdullah, had not followed the rules in converting his children, Tevi Darsiny, 16;

Karan Dinish, 15; and Prasana Diksa, five, to Islam.

Under the Perak Islamic Administration Enactment, the three children must have the

intention to embrace Islam without force.

In this case, the three children cannot be proved to have recited the syahadah

(affirmation of faith) and they, as well as their mother, were not present at the Islamic

Religious Office for the conversion purposes, he said when delivering his judgment

which lasted one hour and 40 minutes.

Lee said the conversion was null and void as the children were not present to recite the

syahadah before the religious officer.

He said the decision was made not to ensure victory for any quarter, but more to

maintain racial harmony in the country.

Mohd Ridzuan, or K Patmanathan as he was known before conversion, converted his

three children to Islam in April 2009 and obtained the certificates of conversion from

Perak Islamic Religious Department as proof to be shown to Indira Ghandi.

On Oct 2009, Indira Ghandi, through her lawyers, M Kulasegaran, N Selvam and K

Shanmuga, filed an application to seek the nullification of the conversion on the basis

that the conversions contravened the Perak Islamic Administration Enactment 2004 andseveral other laws including the Federal Constitution.

The couples case had made the news to the extent of prompting the Cabinet, in April

2009, to decide that children must follow the religion of their parents even after one of

them converted to other religion.

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The decision was made to prevent innocent individuals, especially the children, from

falling victim to injustice.

In October the same year, Mohd Ridzuan obtained a court order from the Syariah Court

giving him custody of the children, but on March 11, 2010, Ipoh High Court Judge Wan

Afrah Wan Ibrahim ruled that the custody of the children must be returned to IndiraGhandi.

When met outside the court, the teacher said she was happy with the decision after

having waited for four years.

Im thankful to my lawyers who have helped me in this case, she said.

Bernama

Conversion of children to

Islam unconstitutional:High Court

Posted on 25 July 2013 - 10:12pm

Tan Yi [email protected]

PrintIPOH (July 25, 2013): The High Court here today handed down a landmarkdecision, ruling that the 2009 conversion to Islam of the three children of M. IndiraGandhi, a 38-year old kindergarten teacher, was unconstitutional.Judicial Commissioner Lee Swee Seng ruled that Tevi Darsiny, 16, Karan Dinish, 15,and Prasana Diksa, 5, were not converted to Islam as the formal pronouncement,orkalimah syahadah, had not been performed on them by religious authorities.

In his judgment, which ran for an hour and 40 minutes, he held that the conversioncertificates were null and void, saying that they contravened natural justice and wereissued without hearing from Indira or her children.

Lee noted that the conversion of the children, who were then 12, 13 and 18 monthsold, by their father Mohd Riduan Abdullah in 2009 without Indira's knowledge wasunlawful.

He said Perak Syariah law states that the children must utter the affirmation of faiththemselves, adding the conversion of the three was unconstitutional as itcontravened Articles 3, 5 and 11 of the Federal Constitution.

Lee said that under these articles, a mother has an equal right to raise her children inher religion.

Article 3 states that while Islam is the religion of the Federation of Malaysia, otherreligions may be practised in peace and harmony in any part of the Federation.

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Article 5 states no person shall be deprived of his life or personal liberty, save inaccordance with the law.

Article 11 states that every person has the right to profess and practice his or herreligion.

Speaking to theSun after the decision, Indira's lawyer, Ipoh Barat MP M.Kulasegaran, said that Prasana Diksa has yet to be returned to Indira.

"She was taken away when she was one-and-a-half years old," said Kulasegaran,who added that Indira was still breastfeeding Prasana when Mohd Riduan, who wasoriginally known as K. Patmanathan, took the baby away.

Hindu mother wins legal fight to also decide childrens

faith after husband converts them to Islam

BY RITA JONG

July 25, 2013Latest Update: July 25, 2013 07:50 pm

In a landmark decision, the Ipoh High court today quashed a mans move to convert his

three children to Islam, the latest episode in a combustible issue in Malaysia.

Judicial commissioner Lee Swee Seng said that while K. Patmanathan could convert, he

did not have the right to deprive the children and their mothers of the freedom of religion.

He quashed the three certificates in converting the three minors, which were made

without their mother M. Indira Gandhis knowledge.

Lee made this decision in allowing Patmanathans estranged wife, Indiras judicial

review application to quash the certificate issued by the Perak Religious Department.

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The state registrar of conversions, the Perak Religious Department director, the state and

federal governments, the education ministry and Patmanathan were named as respondents

Lee allowed the application with no order as to cost.

Indira, 38, a kindergarten teacher, filed a judicial review application in 2009.

Patmanathan, 44, had himself converted to Islam on March 2009 and is now known as

Muhammad Ridzuan Abdullah.

He then converted his three children on April 2 the same year.

That same month, the Syariah Court granted him custody of his three children, an orderwhich Indira had challenged in the civil courts.

The High Court subsequently granted Indira an interim order for the custody of their

children.

She had claimed that Patmanathan had stormed into her house, had used force against herand their children, Tevi Darsiny, Karan Dinish and Prasana Diksa, who were then aged

12, 11 and one, respectively, before leaving with their birth certificates.

Patmanathan then took away their youngest daughter and until now, the police have

failed to locate their whereabouts.

In the decision yesterday, Lee said the certificates were null and void as it wasunconstitutional because it was given without hearing the mother or children.

This was unconstitutional because Articles 3, 5 and 11 of the Federal Constitution statethat a mother has an equal right to raise her children to follow her own religion, he said.

This decision is no victory for anyone, but we have to learn to live in harmony," said thejudicial commissioner.

He also said the conversion was unlawful as the Perak Syariah law states that children

must be present to utter the affirmation of faith.

Lee also ruled that the conversion attempt was against the United Nations Convention on

the Elimination of All Forms of Discrimination Against Women (CEDAW).

Indira married Patmanathan in 1993 according to Hindu rites. They have been embroiled

in a legal tussle over custody of the children for the past four years.

Today's decision comes after Putrajaya bowed to public pressure and was forced to

withdraw the Administration of the religion of Islam (Federal Territories) Bill 2013, at

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the last Parliament meeting to legalise conversion of minors to Islam unilaterally. July

25, 2013.

Court ruling on conversion a step

forward, say lawyersBY RITA JONGJULY 26, 2013LATEST UPDATE: JULY 26, 2013 09:30 AM

The High Court's decision that both parents and children have the right to religious

freedom is a step forward on how this controversial issue should be dealt with, said

constitutional lawyers and an interfaith council.

The court's decision in allowing Indira Gandhi's application to quash the conversion

of her three children made it clear that the conversion of a minor to Islam can only be

done with the consent of both parents.

Lawyer Malik Imtiaz Sarwar said the court had asserted itself and shown it's a

bastion of constitutional rights for all citizens.

"The judge had rightly looked at various constitutional laws to conclude as he did.His decision is good as it grants relief to the mother," he said.

Another lawyer, Edmund Bon, said the decision was encouraging as the judge who

presided over the case had applied common sense.

"Children's rights must be protected, as stated in the human rights law under the

convention of the rights of the children," he said.

"The judge had properly exercised the jurisdiction to set aside the conversion on thebasis that procedures had not been followed."

Hence, Bon said state laws should also be amended to reflect this to follow the

constitution.

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Meanwhile, Syahredzan Johan said conversion laws have always been debated

heatedly.

"Unfortunately, in most court decisions, it is never in the favour of non-Muslims. That

is why this is a very welcome decision," he said, adding however, the decision could

be overturned in the appellate court.

Syahredzan said constitutionally, both parents have legal rights to the children.

"When you enter into a marriage, both should have their say in the child's well-being.

Just because one spouse converts, it does not give them more right to decide on the

children's religion," he added.

The High court in Ipoh had allowed Indira's judicial review application in quashing

the three certificates obtained by her estranged husband, K. Patmanathan, in

converting their three children to Islam without her knowledge.

Judicial Commissioner Lee Swee Seng nullified the conversion of Indira's children as

she was not present when her estranged husband changed the children's religion.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism

and Taoism (MCCBCHST) deputy president Jagir Singh said it has been fighting forthis for decades.

Jagir said that under the United Nation's Conversion Convention of Children's Right,

it is stated that the children's rights must be considered in any conversion.

"The rights of these minors must be protected and when they reach the age of 18,

they can decide for themselves," he told The Malaysian Insider.

"This is a correct decision. Under the Federal Constitution, both parents should beallowed to decide in any conversion of their children."

He added that there have been hundreds of cases like Indira's that have gone

unreported.

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"Such cases cause a lot of pain, especially to a parent, in most cases, mothers. This

should be addressed to avoid such instances in the future," said Jagir. - July 26,

2013.

After conversion battle, Indira to fight forreunion with daughter

BY CLARA CHOOIASSISTANT NEWS EDITORJULY 26, 2013

File photo of

Indira (left) with her lawyer Kulasegaran. Indira has not seen her youngest daughter

Prasana for more than three years now. Picture by Choo Choy MayPETALING JAYA,

July 26 With her childrens conversion nightmare almost over, M. Indira Gandhi will

soon file contempt proceedings against her estranged husband, banking her hopes yet

again on the countrys justice system to reunite with her youngest daughter.

The kindergarten teacher chalked a major win for herself yesterday when the Ipoh High

Court finally quashed the conversion certificates of her three children, declaring it

unconstitutional to unilaterally force a minor to embrace a different faith.

Indiras husband, Muslim convert Mohd Ridzuan Abdullah, had converted the couples

three children to Islam four years ago without their mothers knowledge.

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I am extremely happy that we won. It has been a much-awaited verdict, she told The

Malay Mail Online when contacted yesterday.

But Indira added that the victory was also bittersweet as she has not seen her youngest

daughter Prasana Diksa for more than three years now.

The whereabouts of the five-year-old, now believed to be living with her father, is still

unknown, she said.

Since I won custody, there has been no trace of him (Mohd Ridzuan), no sound of him.

He doesnt even call his children, Indira said.

We deeply miss her... it has been so many years that we have not heard from her, have

not seen her face. But no... we will not give up.

Prasanas two older siblings, Tevi Darsiny, 16; and Karan Dinish, 15, have been livingwith their mother since their parents marriage crumbled in 2009.

In the drama that first unfolded at the couples home in First Garden, Ipoh, on April 3,

2009, Mohd Ridzuan, then known as K. Pathmanathan, made off with one-year-old

Prasana and the birth certificates of all three children, which he later used to convert

them to Islam.

His dramatic actions set the stage for a highly-publicised legal battle between the

couple, and resulted in the March 11, 2010, decision by an Ipoh High Court to grant full

custody of the three children to Indira.

But apart from the brief glimpse of then 21-month-old Prasana draped in a Muslim

headscarf in court two months prior to the decision, Indira never saw her daughter.

Her husband allegedly went into hiding and was at one point believed to be in Kota Baru,

Kelantan, but attempts by Indira and her lawyer M. Kulasegaran to find the elusive man

proved futile.

I have not celebrated a single one of my daughters birthdays, Indira lamented.

But to look at the bright side, we do believe that one day, Prasana will come back for

us.

Once she is older and she knows the truth, she will return to us where she belongs. We

have faith in that, she added.

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Indira will head to the temple this morning for thanksgiving prayers with her two older

children Tevi and Karan, whom she said were elated at yesterdays court decision.

Speaking to The Malay Mail Online yesterday, Kulasegaran confirmed that contempt

proceedings will soon be filed against Mohd Ridzuan in hopes he would finally be

compelled to return Prasana to her mother.

He pointed out that with Prasana now legally back to being Hindu and custody rights still

with Indira, the child should be returned to her mother.

But he is still missing. We have not been able to contact him and all efforts to reach him

have failed.

We have lodged police reports... they are aware but seem to be pretending that this is a

non-issue. These are the weaknesses of the present system, he said.






non-Muslims.

Indiras historic win yesterday marks a major milestone in Malaysias inter-religious

relations, which have suffered greatly over the years due to inconsistencies in decisions

by the government and the countrys law books.

Earlier this month, Putrajaya retracted the disputed Administration of the Religion of

Islam (Federal Territories) Bill 2013 from Parliament, yielding to criticism that it was

attempting to legislate unilateral child conversion to Islam that the Cabinet had prohibited

in 2009.

Minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom filed to have the Bill

withdrawn, along with two others. Jamil Khir was also the minister who tabled the

proposed laws last month.

The uproar over the proposed law was such that it even saw rare public division over the

issue within Cabinet, with ministers Datuk Seri G. Palanivel, Datuk Paul Low and Datuk

Seri Nazri Aziz all publicly speaking out against the Bill.

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- See more at: http://www.themalaymailonline.com/malaysia/article/after-conversion-battle-indira-to-fight-for-reunion-with-daughter#sthash.BklgLbvY.dpuf

She won on religion but whenwill she see her child?BY V. ANBALAGAN, ASSISTANT NEWS EDITORJULY 26, 2013LATEST UPDATE: JULY 26, 2013 10:16 AM

She stood against the government in court and the father of her own three children

to win a landmark ruling yesterday.

Her battle was to stop him from changing their religion without her consent, a right

that senior lawyers say is enshrined in the Federal Constitution, which says both

parents of a minor must consent to any change.

Yesterday, she won. The High Court dismissed the three childrens conversion to

Islam by one parent alone.

But despite her win, all she can think of now is her third and last child, whom she has

not seen since her ex-husband took away the one-year-old baby in 2008. The HighCourt had in 2011 ruled that the mother was to have custody of her three children.

"It has been five years and I am longing to be reunited with my daughter," M. Indira

Gandhi told The Malaysian Insider. "She was a baby. I do not know if she will

recognise me now."

Speaking in Tamil by phone, she managed to contain her emotions as she said in a

calm and composed voice, "My lawyers have filed contempt proceedings."

Her other two children, Tevi Darsiny, 14, and Karan Dinish, 15, are with her. They

will remain Hindus because of their mothers long battle in the courts.

Indira said the court ruling was a great relief to mothers like her who faced many

obstacles and challenges when conversion took place.

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"It is not a victory for me alone. I am glad the court has finally made a bold decision

on the rights of a parent," she said.

She felt that her husband would definitely challenge the High Court ruling, but added,

"I am prepared to go further."

Indira, now a kindergarten teacher, married K. Patmanathan 20 years ago,

according to Hindu rites.

Then, 16 years into the marriage, on March 11, 2009, he converted to Islam and

became Muhammad Ridzuan Abdullah. The next month, he converted their three

children to Islam at the Bahagian Dakwah, Jabatan Agama Islam, Ipoh, Perak. The

conversion was without the knowledge of his wife.

That same month, the Syariah Court granted him custody of his three children.

The couple separated and the husband took the youngest child, the one-year-old,

with him.

Indira asked the High Court to quash the decision of the Syariah Court to give the

father custody of the children and on July 28, 2010, she won that case despitestrenuous objections from the Attorney-General. But despite her win, her husband

has not returned the youngest daughter.

In the decision yesterday, Judicial Commissioner Lee Swee Seng said the

conversions were not valid as they were unconstitutional because they were done

without hearing from the mother or the children.

This was unconstitutional because Articles 3, 5 and 11 of the Federal Constitution

state that a mother has an equal right to raise her children to follow her own religion,he said.

He also said the conversion was unlawful as the Perak Syariah law states that

children must be present to utter the affirmation of faith. July 26, 2013

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Bar Council to state governments:

Repeal enactments on unilateral

conversionsJULY 26, 2013UPDATED: JULY 26, 2013 07:49 PM

PETALING JAYA, July 26 State governments should take heed of yesterdays High

Court decision declaring unilateral religious conversions unconstitutional and repeal

any state enactment that legalises this, Bar Council president Christopher Leong said

today.

In lauding the landmark decision by the Ipoh High Court, Leong pointed out that there

have been many such legal cases in the past that have plagued families and caused

social injustice.

The Malaysian Bar welcomes the decision of the High

Court in Ipoh, he told The Malay Mail Online.

It is incumbent on the various states that have the unconstitutional provisions for

unilateral conversion to take immediate steps to repeal these provisions in their

respective state enactments, Leong added.

In a landmark decision yesterday, Ipoh High Court Judicial Commissioner Lee Swee

Seng declared the conversion certificates of M. Indira Gandhis three children null and

void after finding that their unilateral conversion to Islam was unconstitutional and

against natural justice.

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The three children Tevi Darsiny, 16; Karan Dinish, 15 and Prasana Diksa, 5 were

converted to Islam in 2009 by their father, Muslim convert Mohd Ridzuan Abdullah,

without their mothers consent.

On April 3, 2009, Mohd Ridzuan had allegedly taken the birth certificates of his three

children and converted them without Indiras knowledge.

Since then, she has been fighting to annul the conversion, a struggle made even more

complicated by a messy custody battle, which had at one point saw her lose

guardianship of her youngest child Prasana, when she was merely two-years-old.

When arguing her case, Indira has been repeatedly pointing out that her childrens

conversion had been without her or her childrens presence or knowledge.

Although the court has ruled in Indiras favour, it is heart rending that as a mother she

has not seen her baby daughter for 5 years and remain in the dark as to when she will

be able to do so again, Leong noted today.

Speaking to The Malay Mail Online yesterday, lawyer M. Kulasegaran said High Court

Justice Lee had in his judgment cited provisions in the Convention to Eliminate All Forms

of Discrimination Against Women or CEDAW, which Malaysia ratified in 1995.

The High Court Justice reportedly pointed out that the convention protects the childs

identity, particularly in matters of race and religion, and guarantees equality to both men

and women in family matters.

The judge noted that the Malaysian government could not merely ratify the convention

on the international sphere but ignore it in national laws.

This decision is no victory for anyone, but we have to learn to live in harmony, Justice

Lee had later said, according to Kulasegaran.

Muslim womens group Sisters in Islam (SIS) also praised the judges decision today,

saying it guarantees equality to both men and women when it comes to their children,

particularly concerning religion.

Its decisions like these that will uplift the name of Islam in this country because they

reaffirm that Islam cannot be abused by parties as a means to subvert ones

responsibilities under civil law, SIS programme manager Suri Kempe told The Malay

Mail Online via a text message.

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non-Muslims.

Suri highlighted a case in 2002 concerning Shamala, a mother of two was unable to fight

for her childrens custody under Syariah court as when it comes to a converted Muslim

child, the custody is given to the Muslim party by default.

There have also been cases where husbands, upon conversion, are absolved from

paying maintenance on the premise that they are now Muslim and therefore not

beholden to provide maintenance to his non-Muslim family.

By right, children must not be converted unilaterally (as per the 2009 cabinet decision)

and the non-converting spouse has the right (upon divorce) to receive maintenance for

herself and the children, as provided for in civil law, she added.

Lawyers and rights groups agreed today that Indiras historic win yesterday marks a

major milestone in Malaysias inter-religious relations, which have suffered greatly over

the years due to inconsistent policies and overlaps in legal jurisdictions.

The issue has also been highly politicised due to Malaysias Muslim-majority population.- See more at: http://www.themalaymailonline.com/malaysia/article/bar-council-to-

state-governments-repeal-enactments-on-unilateral-conversion#sthash.jXXTfLLE.dpuf

-

Letter to the Editor: Rights of spousewhen the other converts to Islam

Last Updated:4:05pm, Jul 25, 2013

by Womens Aid Organisation

MANY objected strongly when the government tabled the Administration

of the Religion of Islam (Federal Territories) Bill 2013 late last month. The

Bill allowed for the unilateral conversion to Islam of a child by one parent,

presumably after that parent converts himself or herself to Islam.

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We are glad that these strong objections have caused the Bill to be

withdrawn, for now. Many have emphasised too that withdrawing the bill

does not address the problem as existing state religious laws and the

Bahasa Malaysia version of the Federal Constitution must be amended to

ensure that the consent of both parents is necessary for a child s

conversion.

But unilateral conversion of the child is not the only issue to worry about

when one spouse converts to Islam. In WAO's direct experience with

women whose husbands convert opportunistically, other rights of the non-

converted women have been eroded.

Right to inherit from a family member who converts to Islam

If one spouse converts to Islam, the non-converted spouse and other non-

Muslim next-of-kin are not entitled to inherit from the converted spouse.

The Distribution Act 1958 does not apply to the estate of any person

professing Islam, and non-Muslims are generally not allowed to inherit

underfaraidprinciples of asset distribution. Non-Muslim family members

can only receive at most one-third of the converted persons estate, if the

converted person chooses to bequeath anything at all.

The Distribution Act 1958 should be amended to safeguard the right of

the deceaseds non-Muslim next-of-kin to inherit.

Right to have all issues relating to a civil law marriage settled

according to civil laws and adjudicated only in civil courts

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Shamala a/p Sathiyaseelan is a Hindu mother whose husband converted

to Islam and converted their two infant children without her knowledge or

consent. She went to the High Court to seek redress, but the Court ruled

that since the children were now Muslims, the Syariah Court was the only

qualified forum to determine their religious status. As Shamala was not

Muslim, she could not appear in the Syariah Court either, and she was left

with no avenue to seek justice.

The Law Reform (Marriage And Divorce) Act 1976 should be amended to

ensure that all issues relating to a civil law marriage are settled according

to civil laws and adjudicated only in civil courts. A marriage contract

between two non-Muslims is made under civil law. It is therefore unjust for

a non-Muslim spouse to unexpectedly find her or himself subject to laws

other than those she or he had agreed to at the time of marriage.

Right to be informed of a spouses conversion to Islam

Everyone has a right to embrace a religion of their choice, but there is no

legal requirement for a spouse who converts to Islam to inform his or her

family members of the conversion. This is key as the conversion has legal

consequences on the marriage and the rights of the non-converted family

members. Before registering a conversion, religious authorities should

ensure that the spouse and other family members have been notified

through a written acknowledgment.

Irresponsible spouses have been allowed to misuse religion to shirk their

moral and legal obligations. As a community of shared values we must not

allow the unconverted spouse and other family members to face the

injustices caused by this misuse.

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Womens Aid Organisations mission is to promote and create respect,

protection and fulfillment of equal rights for women. Arguments in the

letter were adopted from the memorandum Safeguard Rights of Wives

and Children upon Conversion of Husbands to Islam, published by the

Joint Action Group For Gender Equality (JAG) on Feb 5, 2007.

Court: Muslim conversion of Indira’s children unconstitutional

Documents

Transcript of Court: Muslim conversion of Indira’s children unconstitutional