Court to hear bid to challenge unilateral conversion

KUALA LUMPUR: An application for leave for judicial review by single mother Loh Siew Hong to challenge her ex-husband’s action in registering their three children as Muslim converts without her consent will be heard on May 17.

Loh’s lawyer A. Srimurugan, when contacted by reporters, said the application would be heard via an online proceeding before Justice Wan Ahmad Farid Wan Salleh.

Loh, 34, filed the application on March 25 and named the Perlis State Registrar of Converts, Perlis Islamic Religious and Malay Customs Council, Perlis Mufti Datuk Dr Mohd Asri Zainul Abidin and the Perlis state government as respondents.

Bernama reported that Loh is seeking a declaration that her three children are Hindus and her ex-husband, M. Nagahswaran, did not have the legal capacity to allow the Perlis State Registrar of Converts to register their children as converts without her consent.

She is also seeking a declaration that her children do not have the legal capacity to convert to Islam without her consent.

She also sought a writ of certiorari from the court to quash the Declaration of Conversion to Islam, dated July 7, 2020, issued by the Registrar of Converts of Perlis in the name of her three children, and also other cards on their conversion to Islam that have been issued by other parties, and also prevent any party from further issuing such a card.

Loh is also applying for a mandamus order to compel the Perlis State Registrar of Converts to delete or cancel the names of her three children or their Muslim names in the Perlis State Register of Converts and a prohibition order to prevent Mohd Asri, through officers, employees or the Perlis State Mufti Department, from issuing statements that refer to her children as converts or Muslims.

She is also seeking a declaration that Section 117 (b) of the Administration of the Religion of Islam Enactment 2006, which empowers the Registrar of Converts of Perlis to register a child as a convert only with the consent of the mother or father of the child, even if both of them are still alive, is unconstitutional and is invalid.

The three children, who were then under the care of the Social Welfare Department, were returned to Loh on Feb 21 after the High Court allowed her application for a writ of habeas corpus seeking their release.