KUALA LUMPUR (Sept 27): High Court judge Hayatul Akmal Abdul Aziz has interviewed the three underaged children at the centre of the hotly contested unilateral conversion case. 

Hayatul interviewed the minors in chambers for about an hour on Wednesday, as part of the hearing of the Perlis Islamic Religious and Malay Customs Council’s (Maips’) application to vary the custody order given to single mother Loh Siew Hong.

Earlier, during the morning session of the hearing, Hayatul had asked to interview the twin girls who are now 14 years old, and the boy who is now 12 years old, on this matter, but was informed that they were in school. The interview then took place after lunch.

Maips’ application in this case involves all three of the underaged children who were converted to Islam by Loh’s ex-husband Muhammad Nagahswaran Muniandy, without her consent.

In June last year, High Court judge Evrol Mariette Peters had dismissed Maips’ leave (permission) application to intervene in Loh’s divorce proceedings, on the grounds that the state religious body failed to show that it was an interested party in relation to the children.

However, in February, the Court of Appeal (COA) allowed the religious body’s appeal to intervene in Loh’s divorce proceedings, making the council a respondent in the matter and paving the way for them to vary the custody order given to Loh.

In their application, the religious body is seeking supervised access to the children for two-hours once every fortnight through their officers to give them basic Islamic education, to bring the boy to the mosque for Friday prayers in a nearby mosque, and to provide monetary aid to the children in accordance with Islamic principles.

Besides this, they are also seeking access to give aid for the children’s education needs, to give monetary aid to Loh as the sole guardian of the children, and to get access once every three months to supervise the children to ensure they grow up in a conducive environment in accordance to Islamic principles including halal food.

Following brief additional submissions in the afternoon, Hayatul then set Oct 11 to deliver her decision on the religious authority’s application to vary the custody order. 

Mohamed Haniff Khatri Abdulla, who represented Maips on Wednesday, said the religious body’s application is as per Section 96 of Law Reform (Marriage and Divorce) Act 1976 regarding power for the court to vary orders for custody or maintenance.

The Section states that the court may vary, (or) rescind any order for the custody or maintenance of a child on the application of any interested person, where it is satisfied that the order was based on any misrepresentation or mistake of fact, or where there has been any material change in the circumstances.

Haniff argued that Maips was an interested party because the children were converted in July 7, 2020 in Perlis and that Maips as a statutory body is by law responsible to assist the children with their welfare and Islamic education. 

The senior lawyer added that Maips can’t give this aid through the father, as he has a pending criminal matter and currently has no access to kids.

"Maips has the duty to carry [out] the statutory duty every minute.  We can’t wait till [the father] settles his criminal case; that would be asking an authority to defer its duty," he argued.

Loh had also filed a judicial review application challenging the unilateral conversion. However, in May, the High Court had dismissed her application. She has appealed this decision with a certificate of urgency and the hearing is set for Oct 19.

Loh’s counsel J Gunamalar countered that their stance is that the conversion is illegal and is very much in dispute. As such, she argued that Maips cannot act upon the supposition that the children are indeed Muslims.

She said that the religious body can provide aid through the father and that Maips can come back into the picture once the father’s case has settled.

Emphasising that the children’s welfare should be a priority, she said : "They were born a Hindu, for a short period they attended [Islamic] religious classes [while with the father]. The children’s childhood is very important. The different teaching will have a big impact on the kids".

In her written submissions, Gunamalar argued that Loh didn’t need Maips’ assistance for the children who are currently residing with Loh in Selangor.

"As far as [Loh] is concerned, she is very happy with the current order of maintenance. She does not want anything else, and [Maips] does not have the right to force her to accept anything, especially when there is nothing in [Maips’] affidavits [to] show that the said children need more money for their proper upbringing," she said.

Malcom Fernandez appeared for Muhammad Nagahswaran on Wednesday.

Loh filed for divorce in December 2019, and the divorce was finalised in September 2021. In March 2021, she secured a final court order, giving her full and sole custody of the children.

Despite this, she claimed that her children were kept from her. She was finally reunited with them when the High Court granted her habeas corpus application in February last year.

Read also:
MAIPs says bid to intervene in Loh's divorce petition will not prejudice Loh, children
No new judge yet for MAIPs' bid to gain access to kids of single mum Loh
High Court dismisses single mother's bid to reverse unilateral conversion of children to Islam 
Single mum Loh withdraws appeal against MAIPs in case related to custody