KUALA LUMPUR (Oct 11): The High Court has dismissed Perlis Islamic Religious and Malay Customs Council’s (Maips’) application to vary the custody order given to single mother Loh Siew Hong.
Judge Hayatul Akmal Abdul Aziz, in her decision on Wednesday said that there is no merit in the religious authority's application and is not in the best interest of Loh's three children.
"By and large, Maips has failed to establish its case in [its application]. There is no lawful or reasonable justification for it," she said.
Judge Hayatul, who was presiding over the matter as a family court judge, added that given the traumatic experiences that the children had endured, a "long-drawn, unnecessary" squabble over access is not in the best interest of the children.
She also said that the parties should accept this situation adding: "Stop denying and interfering in whatever that is left in their growing up years [...]".
Children are happy with Loh, do not wish to be Muslim
Hayatul also noted that following her interview with the children — together and separately — the children were able to express their predicament that they faced and are currently in.
The judge also highlighted that the children's lives were plagued with quarrels and domestic violence for some years, adding that their problem started when their father got involved in drugs and abused Loh.
She said that from her interview with the children, they informed her that they were aware of Maips' application and objected to it.
The judge added that the children were away from their mother for three years and conveyed that they are now very happy. She also said that the kids said they wished to do well in their studies.
Hayatul also added that the children conveyed that they did not want to be Muslims.
She also said that Loh had indicated that she didn’t need Maips’ assistance for her children's upbringing and this ought to be respected.
She gave no order as to cost.
Loh filed for divorce in December 2019, which was finalised in September 2021. In March 2021, she secured a final court order, giving her full and sole custody of the three children — twin girls who will turn 15 this year and a boy who is now 12 years old.
Despite this, she claimed that her children were kept from her, as they had been placed under the care of the Social Welfare Department. She was finally reunited with them when the High Court granted her habeas corpus application in February last year.
Maips’ application involves all three of Loh's underaged children who were converted to Islam by Loh’s ex-husband Muhammad Nagahswaran Muniandy, without her consent.
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 with Islamic principles, including the consumption of halal food.
Loh says she just wants to live peacefully with her kids
Loh was seen in tears following the verdict. When met outside, she said she was happy with the verdict and did not want any party to "disturb" her.
"I just want to live peacefully with my children, I don't want people (any party) to disturb me, that's enough. I'm a mother and I just want to focus on my children's education, not to remember court cases... we want to live peacefully, that's what I'm asking for," she said.
In June last year, High Court judge Evrol Mariette Peters had dismissed Maips’ leave 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.
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.