Mother’s challenge to child conversions public matter for civil courts, lawyer says

M. Indira Gandhi's children were converted to Muslims allegedly without her knowledge. – The Malaysian Insider filepic, May 26, 2015.The conversion certificates of three minors who were made Muslims unilaterally by one parent can be challenged in a civil court because the documents were issued by a public authority, the state religious department, a lawyer told the Court of Appeal today.

Lawyer Fahri Azzat said his client, kindergarten teacher M. Indira Gandhi, was an affected party following the conversions of the children to Islam by her Muslim ex-husband, Muhammad Riduan Abdullah, whose original named was K. Patmanathan.

As such, Indira could file for a judicial review because the matter of the certificates was an administrative issue against a public authority, Fahri said.

"All conversion into Islam is handled by the department while conversion out of the religion is handled by a Shariah Court in the state," he said in his submission before a three-man appellate bench chaired by Datuk Balia Yusof Wahi today.

The court is hearing an appeal by the Perak Religious Department, the state and federal governments, the Registrar of Conversions, the Education Ministry and Riduan, who are challenging a High Court ruling decision to quash the children's conversion certificates.

The conversion certificates of the children – Tevi Darsiny, Karan Dinish and Prasana Diksa – were quashed by High Court judge Lee Swee Seng on July 25, 2013.

In the landmark decision, Lee also ruled that the documents were null and void.

Fahri, who is assisted by lawyers M. Kulasegaran and Aston Paiva, said Indira could seek remedy in the civil court as she was taking the department to court.

"Any public authority is subject to judicial review on administrative issue in a civil court," he added.

Lee, in his ruling, had cited provisions under Perak Shariah law where the children must be present to utter the affirmation of faith or the “syahadah”.

The Perak state enactment requires a child to be present before a certificate of conversion can be issued, but Riduan, the children's father, had obtained certificates without their physical presence before a registrar of conversions.

Lee's ruling also quashed the certificates as the conversions were made without Indira's knowledge.

Subsequently, Riduan went to the Shariah Court and obtained custody of the children but last year the High Court ordered Riduan to return the children to his ex-wife.

However, Riduan, who is said to be living in Kelantan, is still holding on to Prasana Diksa, now seven years old.

Senior Federal Counsel Shamsul Bolhassan told the court today that Riduan could unilaterally convert the children and the civil court had no jurisdiction to hear the case.

"Only the Shariah court is the right forum as the subject matter is about conversion."

He said the civil court could not adjudicate the matter even if the registrar who facilitated the conversion did not follow procedures.

He added it was legal for the father to unilaterally convert the children because the Federal Court had pronounced that a parent could do so without the consent of the other spouse.

Shamsul also said the Universal Declaration of Human Rights and two international treaties, Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women which Malaysia had ratified, were not applicable in the present case.

Perak legal adviser Rohana Abdul Malek, who adopted Shamsul's submission, added that the registar did not violate the law and procedures under the Perak Religious Enactment in carrying out his function.

She said the registrar was appointed by the Perak Religious Council and Malay Customs but he was placed under the department.

"Only the Shariah court can hear and decide the conversion dispute once the department had issued the certificates."

The court has reserved judgment.

- TMI