KUALA LUMPUR (May 11): The High Court has dismissed single mother Loh Siew Hong's judicial review to challenge the unilateral conversion of her three children to Islam.

In delivering his decision on Thursday (May 11), High Court judge Datuk Wan Ahmad Farid Wan Salleh said there was no evidence that the three children had stopped professing the religion of Islam even under her care.

"[Loh] did not deny the affirmative assertion that the three children continued professing the religion of Islam in performing the daily Subuh prayers when they are in her custody," he said. 

Loh, the judge said, had denied this in her court filings but he found this to be a "bare denial".

The High Court judge noted the Perlis Islamic Religious and Malay Customs Council (MAIPs), who is the second respondent in this matter, had filed an affidavit where its chief executive officer (CEO) Mohd Nazim Haji Mohd Noor affirmed that the children had expressed their faith and determination to remain in the religion.

Mohd Nazim had said that the children expressed this through their actions and behaviour a day after they were in Loh's custody in Feb 2022, where they were still performing Subuh prayers; one child even expressed an ambition to be a shariah lawyer in the future.

The judge also said that there was no evidence before him to indicate that the children — twin girls who are now 14-years-old and a boy who is now 11 — have reverted to the Hindu religion.

Loh was previously locked in a protracted custody battle with her ex-husband, claiming she had been separated from her children since March 2019. She was finally reunited with her children in February last year, when the court allowed her habeas corpus application.

Subsequently, she filed the judicial review in March last year seeking declarations that her children are Hindu — her ex-husband M Nagashwaran's religion prior to his conversion — and to reverse the registration of her children's conversion to Islam in July 2020. 

On Thursday, the High Court judge also noted that welfare of the children should take precedence.

"Having regard to all the circumstances of the case, there is no evidence before me that the three children are not happy staying with the applicant (Loh). Although this is another issue, it is quite related to the instant case. There is no evidence that the three children have stopped professing the religion of Islam when they are under her care either.

"Therefore, the welfare of the children, within the meaning of Indira Ghandi, dictates that the status quo should remain," he said referring to the 2018 landmark judgement which states that unilateral conversion of children is unlawful.

Wan Ahmad Farid also noted that he was not departing from the landmark Indira Gandhi judgement, but also took note of a recent majority decision in a Court of Appeal (COA) case, also concerning the issue of conversion.

The case revolves around the conversion status of a 37-year-old woman. Among others, the High Court had ruled that she was never Muslim to begin with. However, the appellate court had overturned the ruling.

“Despite the vigorous dissenting judgment [in the case], I am bound by the doctrine of stare decisis.

“This court, being a High Court, is bound by the majority decision of the COA,” he said on Thursday.

On the issue of conversion, the High Court judge found that there was no dispute that the certificates of conversion were issued for the children.

The certificates were issued after the first respondent, Perlis Registrar of Mualaf, was satisfied that the legal requirements under Section 107(1) of the Perlis 2006 Enactment were adhered to when the children had professed the Syahadah proclamation (Islamic recitation to convert to Islam) willingly.

As the case was a matter of public interest, he made no order as to cost.

Loh's counsel J Gunamalar when contacted, confirmed that they will be appealing Thursday's decision.

In this matter, Loh is also represented by A Srimurugan and Dr Shamsher Singh Thind.

Senior counsel Mohamed Haniff Khatri Abdulla and Datuk Zainul Rijal Abu Bakar appeared for MAIPS.

Perlis state legal adviser Mohd Radhi Abas appeared for the other respondents — Perlis Registrar of Mualaf, state mufti Datuk Dr Mohd Asri Zainul Abidin and the state government.

Read also:
May 11 verdict for single mother's bid to reverse unilateral conversion of children to Islam
Court of Appeal allows MAIS' appeal to reinstate woman as Muslim in majority decision