The Court of Appeal issued a unanimous decision, overturning the one-sided conversion of three Hindu children to Islam by their father, a Muslim convert. This ruling favored the mother, Loh Siew Hong, aligning with the Federal Court's judgment in a similar case involving M. Indira Gandhi.
Chairing the three-judge panel, Datuk Hadhariah Syed Ismail highlighted the unconstitutionality of a Perlis state law provision enabling the conversion of children to Islam with only one parent's consent. The Court upheld all nine requests by Loh in her legal battle, including the declaration of her children as followers of Hinduism.
Judge Hadhariah noted that the High Court failed to address crucial aspects of the lawsuit, particularly the legality of unilateral conversion and the constitutionality of Section 117(b) of Perlis state law. This section allows the unilateral conversion of children to Islam, conflicting with Article 12(4) of the Federal Constitution.
Emphasizing the binding nature of the Federal Court's decision in Indira's case, Hadhariah asserted that Loh had not consented to her children's conversion to Islam. The Court firmly stated that both parents' consent is necessary before minors can be converted to another religion, echoing the Indira Gandhi case precedent.
Despite attempts by respondents to argue for the Malay language translation of the Federal Constitution as authoritative, the Court reiterated that the English text prevails. They maintained that Article 12(4) implies the consent of both parents, rendering Section 117(b) of the Administration of the Religion of Islam Enactment 2006 unconstitutional.
Originally requiring consent from both mother and father for children under 18 to convert to Islam, Section 117(b) was amended in 2016 to allow conversion with the consent of either parent. The Court's decision today deemed this amended section unconstitutional as it permits children to be converted to Islam without both parents' agreement.
The panel consisted of Datuk Hashim Hamzah and Datuk Azhahari Kamal Ramli alongside Judge Hadhariah, collectively affirming the need for mutual parental consent in religious conversions involving minors, aligning their judgment with the principles set in previous landmark cases.
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