KUALA LUMPUR – The public should respect and accept the Court of Appeal’s decision declaring the unilateral conversion of Loh Siew Hong’s children to Islam unlawful, says Penang Mufti Datuk Seri Wan Salim Wan Mohd Noor.
In a brief reply to Scoop today, he also stressed that nobody is allowed to force others to follow or convert to Islam, as stipulated by Islamic law.
People should be given full freedom to choose the religion they would like to practise, including Loh’s children, he added.
“The people need to know that this case revolves around a matter of belief, grounded in the freedom to choose whichever religion one wishes to practise.
“Loh’s children have now reached the age of maturity that enables them to make a choice about the religion they want to follow.
“Therefore, only they should be granted complete freedom to make that choice.
“Hopefully, all parties will come to appreciate the enduring spirit of religious tolerance embedded in Malaysian culture, which contributes significantly to the stability of people from various races living together,” he added.
Earlier today, Court of Appeal judge Datuk Hadhariah Syed Ismail, alongside Datuk Hashim Hamzah and Datuk Azhahari Kamal Ramli, overturned a high court decision that had declared the unilateral conversion of Loh’s children to Islam as null and void.
The appellate court overturned a decision by the high court, where judge Datuk Wan Ahmad Farid Wan Salleh had ruled that the conversion was valid. This ruling was issued on May 11 last year.
Today, the panel declared that the court was unanimously bound by the decision in a similar case, namely the verdict in Indira Gandhi’s case, in which the ruling emphasised that the consent of both parents must be obtained before minor children can be converted to other religions.
The panel has also decided that Section 117b of the Perlis Administration of the Religion of Islam Enactment 2006 is unconstitutional as it conflicts with Article 12(4) of the federal constitution.
According to Section 117b, an individual of sound mind seeking to convert to Islam but who is a minor (under the age of 18) must obtain consent from their parent or guardian for the conversion.
Article 12(4) of the federal constitution specifies that the religion of a minor shall be determined by their parent or guardian.
The provision, however, is bound by Article 12(3), which states that no person shall be compelled to receive instruction in or participate in any ceremony or act of worship of a religion other than their own.
On the Perlis Islamic Religious and Malay Customs Council’s (MAIPs) offer to provide financial assistance to Loh’s children, Wan Salim said it was a noble offer.
“But at the end of the day, it is still up to Loh and her children whether they want to accept the offer or reject it.
“As an Islamic religious authority, MAIPs strives to fulfil its responsibility of preserving the beliefs and welfare of children who wish to embrace Islam.
“If they choose another religion for themselves, they cannot be compelled to accept the offer,” he said.
Loh filed a judicial review application at the Kuala Lumpur High Court on March 25, 2022, naming MAIPs’ registrar of mualaf, the Perlis state government, and its mufti, Datuk Mohd Asri Zainul Abidin, as the defendants.
The judicial review was in response to the conversion carried out on her children in 2019 by her ex-husband, Muhammad Nagahswaran Muniandy.
In the same application, she also sought to reverse the children’s conversion registration dated July 7, 2020.
In May last year, the high court ruled that the unilateral conversion of Loh’s children, 15-year-old twin girls and a 12-year-old boy, was valid.
Lawyer Mohamed Haniff Khatri Abdulla, representing MAIPs in the suit, told Scoop that the party was considering appealing the Court of Appeal’s decision. – January 10, 2024