Single mum hopes to bring kids home, files judicial review to challenge unilateral conversion

KUALA LUMPUR: Single mother Loh Siew Hong (pic) is ready for her habeas corpus hearing on Monday (Feb 21) in anticipation of bringing her three children home.

The 34-year-old from Penang has filed the habeas corpus application at the Kuala Lumpur High Court in bid to compel the return of her children - twin girls aged 14 and a 10-year-old boy.

"I am ready and I want nothing more than to bring my children home with me.

"We have lived apart for the last three years and it is time to be a family again," she said when contacted.

Loh, a Hindu Chinese, was divorced from her husband Nagashwaran Muniandy on March 19, 2019, and was awarded sole custody of her children by the High Court.

She had been unable to see her children for three years after her ex-husband allegedly took them away and later unilaterally converted them to Muslims in Perlis.

The Perlis Religious Department had claimed that state laws allowed for unilateral conversions, although the Federal Court previously ruled that both parents must consent to such conversions, in line with the Federal Constitution.

Loh said between 2017 and 2019, she had lodged numerous police reports against Nagashwaran, whom she claimed had caused her injuries.

Nagashwaran was arrested for a drug-related offence and was currently in jail in Kelantan.

Meanwhile, Loh's lawyer Dr Shamsher Singh Thind said the unilateral conversion of the three children would be challenged through a judicial review.

He said he had issued a letter of demand to the registrars of converts (pendaftar muallaf) in three states (Penang, Perlis and Kedah) on Wednesday (Feb 16), asking for the status of the children’s conversion.

"The Federal Constitution states that the faith of the child will be determined by both parents of the children, not by the wishes of the children or other third parties.

"They have been given seven days to reply from the date of the letter of demand issued," he said.

Shamser said once his client could get hold of which state her children had been registered as Muslim, the registrar of converts should then provide proof that consent had been given by the mother for the children’s conversion.

He said failure to provide proof of consent would compel them to cancel the children's conversion.

Meanwhile, Penang Mufti Datuk Seri Dr Wan Salim Wan Mohd Noor said while Loh should be given custody of her three children, their conversion to Islam should not be reversed.

He said reversing their conversion might further complicate the situation, and stressed that they should remain Muslim.

He was quoted by a news portal as saying that the bond of love between the members of a family must always be nurtured even if they have different religions, especially between mother and child.