The recent decision by the Federal Court to deny leave for the Perlis Islamic Religious and Malay Customs Council (MAIPs) and three others to appeal an appellate court's ruling marks a significant development in a contentious legal battle surrounding the conversion of three children to Islam without their mother's consent. The three children, belonging to single mother Loh Siew Hong, have been at the center of a heated dispute since their father, a Muslim convert, unilaterally converted them to Islam in Perlis in 2020.
The Federal Court's decision upholds the appellate court's ruling, which nullified the conversion of Loh's 16-year-old twin daughters and 13-year-old son, affirming their status as Hindus. This ruling reinforces the precedent set in the landmark case of M. Indira Gandhi, where the Federal Court emphasized the necessity of obtaining consent from both parents before minors can be converted to another religion.
Chief Justice Tun Tengku Maimun Tuan Mat, leading a three-member panel of judges, highlighted the binding nature of the Federal Court's decision nationwide, rejecting any notion that it was confined solely to the Federal Territories. Additionally, the court dismissed arguments regarding the interpretation of the terms "parents" and "parent" in the Federal Constitution, affirming that such issues had already been addressed in previous rulings.
The legal battle, which began with Loh's judicial review application in 2022, named various respondents including the Perlis State Registrar of Converts, MAIPs, and the Perlis state government. Loh sought declarations affirming her children's Hindu status and challenging the legality of their conversion without her consent. The High Court initially dismissed her application in 2023, leading to a successful appeal in the Court of Appeal in January 2024.
The Court of Appeal's decision, followed by the Federal Court's refusal to grant leave for further appeal, underscores the judiciary's commitment to upholding constitutional principles and protecting the rights of individuals, particularly in matters as sensitive as religious conversion. Despite the legal victories, the emotional toll on Loh and her children throughout this ordeal cannot be overstated.
Throughout the legal proceedings, Loh was represented by a dedicated team of lawyers, while MAIPs and other respondents were represented by their legal counsel. The complexities of the case, intertwined with issues of personal belief, parental rights, and legal interpretation, have sparked widespread debate and scrutiny.
Ultimately, the resolution of this case sets an important precedent for future cases involving religious conversion and parental consent. It serves as a reminder of the judiciary's role in safeguarding fundamental rights and ensuring justice for all parties involved. As Loh and her children move forward, they do so with the assurance that their rights have been affirmed by the highest court in the land.
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