Court: Muslim conversion of Indiras children unconstitutional

JUL Y 25, 2013UPDAT ED: JULY 25, 2013 07:06 PM

PETALING JAYA, July 25 In a landmark decision today, an Ipoh High Court quashed the Muslim conversion certificates of M. Indira Gandhis three children, ruling it unconstitutional to convert a child without the mothers consent.

Todays decision comes after the federal government bowed to public pressure and was forced to withdraw a Bill that was aimed at legalising the unilateral conversion of minors to Islam. According to a report on The Star Online here, Judicial Commissioner Lee Swee Seng declared the certificates of the three children - Prasana Diksa, five; Tevi Darsiny, 16; and Karan Dinish, 15 - null and void after finding them unconstitutional and against the right of natural justice for being issued without Indira Gandhis knowledge or consent. This decision is no victory for anyone, but we have to learn to live in harmony, Justice Lee said in a report on anothe news portal, Malaysiakini.

The kindergarten schoolteacher has been trapped since 2009 in a legal nightmare that started with the falling out with her husband, Muslim convert Mohd Ridzuan Abdullah, who was formerly K. Pathmanathan and a Hindu like her. She has been fighting to keep her children Hindus, a struggle made more complicated by a messy custody battle, which had at one point saw her lose guardianship over her youngest child Prasana, when she was merely two-years-old. When arguing her case, Indira has been repeatedly pointing out that her childrens conversion had been without her or her childrens presence or knowledge. In court today, Lee cited Articles 3, 5 and 11 of the Federal Constitution to back his ruling, noting that the countrys highest law prescribes that a mother has the equal right to raise her children according to her own religion, said the English dailys report. The court also pointed to the Perak Syariah law, which Lee said stipulates that child to be converted should be present to utter the affirmation of faith. Earlier this month, Putrajaya retracted the disputed Administration of the Religion of Islam (Federal Territories) Bill 2013 from Parliament, yielding to criticism that it was attempting to legislate unilateral child conversion to Islam that the Cabinet had prohibited in 2009. Minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom filed to have the Bill withdrawn, along with two others. Jamil Khir was also the minister who tabled the proposed laws last month. The uproar over the proposed law was such that it even saw rare public division over the issue within Cabinet, with ministers Datuk Seri G. Palanivel, Datuk Paul Low and Datuk Seri Nazri Aziz all publicly speaking out against the Bill. The attempt to legislate single parent consent for child conversion to Islam had caught the attention of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) and Bar Council shortly after it was tabled, with both calling the move unconstitutional. The MCCBCHST went a step further and slammed the Cabinet as insincere for introducing the law despite a 2009 announcement by then law minister Nazri banning the unilateral conversion of minors to Islam.

Custodial tussles in cases of unilateral child conversions have been a growing concern over the years and provide a high-profile glimpse of the concerns of Malaysias religious minorities over the perceived dominance of Islam in the country. It also highlights the complications of Malaysias dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims. Cases since Nazris 2009 announcement, such as that of a Hindu mother in Negri Sembilan who discovered in April her estranged husband had converted their two underage children to Islam after he had done so a year earlier without her knowledge, also illustrate the lack of adherence to the ruling.

See more at: http://www.themalaymailonline.com/malaysia/article/muslimconversion-of-indiras-children-unconstitutional-courtrules#sthash.XShkSdYs.dpuf

Court overturns conversion of minors to Islam

Malaysiakini 23 minutes ago View Photo

In a landmark decision today, the High Court sitting in Ipoh overturned the conversion of three minors, the children of M Indira Gandhi, whose father converted them to Islam without her knowledge. The decision comes after the predicament of Indira Gandhi ( right ) entered into the fourth year since the conversion of her children, after another bench of the High

Court in Ipoh ruled that her matter cannot be heard until several similar cases of conversion of minors, such as the S Shamala case, are disposed of by the Federal Court. Shamala's Federal Court case did not come to a conculsion as she left the country with her two converted children before the matter came up.

In today's decision, Justice Lee Swee Seng ruled that Indira's children had not been converted as the 'dua kalimah syahadah' (pronouncement to embrace Islam) was not performed on them and therefore, such an act was unconstitutional. "It is against the right of natural justice because the conversion was made without hearing from the mother or the children," Justice Lee said. He also said it was unlawful as syariah law in Perak states that the children must be present to utter the 'syahadah'. 'Conversion goes against UN convention' The judge also ruled that the alleged conversion attempt went against the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.

"This decision is no victory for anyone, but we have to learn to live in harmony," Justice Lee said in reading his one-hour-40-minute judgment. There were no orders made on costs. This decision of the civil court means that the three will remain as Hindus. According to tweets from PusatRakyatLB, who was present when the judgment was read out, Justice Lee said the interpretation of the Federal Constitution says parents have equal rights as this would be consistent with the international norm. There have been a lot of arguments on this issue alone, following several laws being introduced in several states allowing unilateral conversion to Islam by one converting parent. The Administration of Islamic Law (Federal Territories) Act Amendment Bill 2013, was tabled in Parliament for its first reading but it was withdrawn following an uproar over it from varuious groups. Children were reportedly converted in 2009 Ipoh Barat MP M Kulasegaran, who represented Indira (right) and her children, took to Twitter to express his delight with the decision. The other lawyer representing them was K Shanmuga. When contacted Kulasegaran ( right ) and Shanmuga confirmed the landmark decision made by Justice Lee. Kulasegaran, had tweeted his concern that there could be an appeal over this matter following the landmark decision. Malaysia has a dual court system, civil and syariah courts, which govern matters pertaining to Islam. Indira's three children were converted in April 2009 by her estranged husband, Mohd Riduan Abdullah, without her knowledge. She filed the civil case against the state registrar of conversions, the Perak Religious Department director, the state and federal governments, the Education Ministry and her husband K Patmanathan (now known as Riduan).

She has two daughters, now aged 16 and five years, and a 15-year-old son. Patmanathan @ Mohd Riduan, who is said to be in Kelantan, has the five year-old daughter with him, despite a court order instructing him to return the child to the mother. Shanmuga said today's decision covers the religious status of all three children, including the one held by the father. In Negri Sembilan last month, the state's Islamic Affairs Department ruled that consent of only one parent who has embraced Islam is needed to have their children converted to the faith. The department took this position after a mother from Jelubu, aged 29, complained that her estranged husband had secretly converted their two children, aged five and eight, to Islam in April this year. Negeri Sembilan Islamic Affairs Department director Johani Hassan said the woman's only remedy was to appeal to the syariah court, but this may pose a problem as she is not a Muslim and is therefore not subject to syariah jurisdiction.

Non-Muslim group hopes Indira ruling will bring lasting solution

BY SY ED JAY MAL ZAHI ID JUL Y 26, 2013

KUALA LUMPUR, July 25 Questions remain on whether the Ipoh High Courts decision against the unilateral conversion of M. Indira Ghandis children to Islam would solve the jurisdiction overlap of the civil and syariah courts but to Malaysias biggest umbrella group representing non-Muslims, it is a big step forward.

Jagir Singh (picture), the new president of the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), said the ruling which declared the conversion as unconstitutional could set a precedent for future cases in which the civil court would supersede its syariah counterparts in conversions involving non-Muslims. We welcome the judgment. It is a very big step forward which shows the civil courts have locus standi. This should be the case for conversion cases for non-Muslims, Jagir, a lawyer by training, said in a brief interview with The Malay Mail Online. In a landmark decision yesterday, the High Court quashed the conversion certificates of Indiras three children following a protracted legal battle with her husband, Muslim convert Mohd Ridzuan Abdullah, who converted their children to Islam four years ago without the formers consent. I am extremely happy that we won. It has been a much-awaited verdict, Indira, a kindergarten teacher, told The Malay Mail Online when contacted yesterday. The ruling follows recent uproar and protest against Putrajayas move to amend federal laws that would allow unilateral conversion of minors to Islam. Rights group and opposition leaders argued that the amendments were against the Constitution which provides for consent of both parents for conversions. Caving in to public pressure, the Najib administration eventually withdrew the Bills. Jagir noted that the conversion issue had dragged on for 20 years with the courts often siding the Muslim parent. But yesterdays ruling, he said, could provide some legal recourse for non-Muslim parents. The council has long fought for this, that the civil courts, and not the syariah, be given the power to decide on conversions for non-Muslims, he said.

But Edmund Bon, human rights lawyer and founder of MyConsti, said although the Indira ruling could solve the jurisdiction overlap, the Federal Constitution must be amended to ensure clarity so that for future cases, any conversions must have the consent of both parents. The contention comes followed confusion over the term parent. In the Bahasa Malaysia translation of the Constitution, it says either the father or mother have the right to convert their children although the parent was meant to described both the mother and father. For clarity Parliament needs to amend the constitution to make it watertight, Bon told The Malay Mail Online via a text message. Custodial tussles in cases of unilateral child conversions have been a growing concern over the years and provide a high-profile glimpse of the concerns of Malaysias religious minorities over the perceived dominance of Islam in the country. Lawyers and rights groups agreed that Indiras historic win yesterday marks a major milestone in Malaysias inter-religious relations, which have suffered greatly over the years due to inconsistent policies and overlaps in legal jurisdictions. The issue has also been highly politicised due to Malaysias Muslim-majority population. See more at: http://www.themalaymailonline.com/malaysia/article/nonmuslim-group-hopes-indira-ruling-will-bring-lastingsolution#sthash.wkvSGvij.dpuf

Conversion was null and void, says court

Ismail | July 26, 2013

The court ruled that the father had failed to follow the rules in converting his Hindu children.

IPOH: The High Court here has ruled as null and void the conversion of three Hindu children of kindergarten teacher, M.Indira Ghandi to become Muslims. Judicial Commissioner Lee Swee Seng also ruled that the father of the children, Mohd Ridzuan Abdullah, had not followed the rules in converting his children, Tevi Darsiny, 16; Karan Dinish, 15; and Prasana Diksa, five, to Islam. Under the Perak Islamic Administration Enactment, the three children must have the intention to embrace Islam without force. In this case, the three children cannot be proved to have recited the syahadah (affirmation of faith) and they, as well as their mother, were not present at the Islamic Religious Office for the conversion purposes, he said when delivering his judgment which lasted one hour and 40 minutes. Lee said the conversion was null and void as the children were not present to recite the syahadah before the religious officer. He said the decision was made not to ensure victory for any quarter, but more to maintain racial harmony in the country. Mohd Ridzuan, or K Patmanathan as he was known before conversion, converted his three children to Islam in April 2009 and obtained the certificates of conversion from Perak Islamic Religious Department as proof to be shown to Indira Ghandi. On Oct 2009, Indira Ghandi, through her lawyers, M Kulasegaran, N Selvam and K Shanmuga, filed an application to seek the nullification of the conversion on the basis that the conversions contravened the Perak Islamic Administration Enactment 2004 and several other laws including the Federal Constitution. The couples case had made the news to the extent of prompting the Cabinet, in April 2009, to decide that children must follow the religion of their parents even after one of them converted to other religion.

The decision was made to prevent innocent individuals, especially the children, from falling victim to injustice. In October the same year, Mohd Ridzuan obtained a court order from the Syariah Court giving him custody of the children, but on March 11, 2010, Ipoh High Court Judge Wan Afrah Wan Ibrahim ruled that the custody of the children must be returned to Indira Ghandi. When met outside the court, the teacher said she was happy with the decision after having waited for four years. Im thankful to my lawyers who have helped me in this case, she said. Bernama

Conversion of children to Islam unconstitutional: High Court

Posted on 25 July 2013 - 10:12pm

Tan Yi Liang newsdesk@thesundaily.com Print IPOH (July 25, 2013): The High Court here today handed down a landmark decision, ruling that the 2009 conversion to Islam of the three children of M. Indira Gandhi, a 38-year old kindergarten teacher, was unconstitutional. Judicial Commissioner Lee Swee Seng ruled that Tevi Darsiny, 16, Karan Dinish, 15, and Prasana Diksa, 5, were not converted to Islam as the formal pronouncement, or kalimah syahadah, had not been performed on them by religious authorities.

In his judgment, which ran for an hour and 40 minutes, he held that the conversion certificates were null and void, saying that they contravened natural justice and were issued without hearing from Indira or her children. Lee noted that the conversion of the children, who were then 12, 13 and 18 months old, by their father Mohd Riduan Abdullah in 2009 without Indira's knowledge was unlawful. He said Perak Syariah law states that the children must utter the affirmation of faith themselves, adding the conversion of the three was unconstitutional as it contravened Articles 3, 5 and 11 of the Federal Constitution. Lee said that under these articles, a mother has an equal right to raise her children in her religion. Article 3 states that while Islam is the religion of the Federation of Malaysia, other religions may be practised in peace and harmony in any part of the Federation.

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Article 5 states no person shall be deprived of his life or personal liberty, save in accordance with the law. Article 11 states that every person has the right to profess and practice his or her religion. Speaking to theSun after the decision, Indira's lawyer, Ipoh Barat MP M. Kulasegaran, said that Prasana Diksa has yet to be returned to Indira. "She was taken away when she was one-and-a-half years old," said Kulasegaran, who added that Indira was still breastfeeding Prasana when Mohd Riduan, who was originally known as K. Patmanathan, took the baby away.

Hindu mother wins legal fight to also decide childrens faith after husband converts them to Islam
BY RITA JONG July 25, 2013 Latest Update: July 25, 2013 07:50 pm

In a landmark decision, the Ipoh High court today quashed a mans move to convert his three children to Islam, the latest episode in a combustible issue in Malaysia. Judicial commissioner Lee Swee Seng said that while K. Patmanathan could convert, he did not have the right to deprive the children and their mothers of the freedom of religion. He quashed the three certificates in converting the three minors, which were made without their mother M. Indira Gandhis knowledge. Lee made this decision in allowing Patmanathans estranged wife, Indiras judicial review application to quash the certificate issued by the Perak Religious Department.

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The state registrar of conversions, the Perak Religious Department director, the state and federal governments, the education ministry and Patmanathan were named as respondents Lee allowed the application with no order as to cost. Indira, 38, a kindergarten teacher, filed a judicial review application in 2009. Patmanathan, 44, had himself converted to Islam on March 2009 and is now known as Muhammad Ridzuan Abdullah. He then converted his three children on April 2 the same year. That same month, the Syariah Court granted him custody of his three children, an order which Indira had challenged in the civil courts. The High Court subsequently granted Indira an interim order for the custody of their children. She had claimed that Patmanathan had stormed into her house, had used force against her and their children, Tevi Darsiny, Karan Dinish and Prasana Diksa, who were then aged 12, 11 and one, respectively, before leaving with their birth certificates. Patmanathan then took away their youngest daughter and until now, the police have failed to locate their whereabouts. In the decision yesterday, Lee said the certificates were null and void as it was unconstitutional because it was given without hearing the mother or children. This was unconstitutional because Articles 3, 5 and 11 of the Federal Constitution state that a mother has an equal right to raise her children to follow her own religion, he said. This decision is no victory for anyone, but we have to learn to live in harmony," said the judicial commissioner. He also said the conversion was unlawful as the Perak Syariah law states that children must be present to utter the affirmation of faith. Lee also ruled that the conversion attempt was against the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Indira married Patmanathan in 1993 according to Hindu rites. They have been embroiled in a legal tussle over custody of the children for the past four years. Today's decision comes after Putrajaya bowed to public pressure and was forced to withdraw the Administration of the religion of Islam (Federal Territories) Bill 2013, at

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the last Parliament meeting to legalise conversion of minors to Islam unilaterally. July 25, 2013.

Court ruling on conversion a step forward, say lawyers

B Y R IT A JO NG J UL Y 2 6, 20 13 L AT EST UP DA TE : J UL Y 26 , 2 01 3 0 9: 30 A M

The High Court's decision that both parents and children have the right to religious freedom is a step forward on how this controversial issue should be dealt with, said constitutional lawyers and an interfaith council. The court's decision in allowing Indira Gandhi's application to quash the conversion of her three children made it clear that the conversion of a minor to Islam can only be done with the consent of both parents. Lawyer Malik Imtiaz Sarwar said the court had asserted itself and shown it's a bastion of constitutional rights for all citizens. "The judge had rightly looked at various constitutional laws to conclude as he did. His decision is good as it grants relief to the mother," he said. Another lawyer, Edmund Bon, said the decision was encouraging as the judge who presided over the case had applied common sense. "Children's rights must be protected, as stated in the human rights law under the convention of the rights of the children," he said. "The judge had properly exercised the jurisdiction to set aside the conversion on the basis that procedures had not been followed." Hence, Bon said state laws should also be amended to reflect this to follow the constitution.

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Meanwhile, Syahredzan Johan said conversion laws have always been debated heatedly. "Unfortunately, in most court decisions, it is never in the favour of non-Muslims. That is why this is a very welcome decision," he said, adding however, the decision could be overturned in the appellate court. Syahredzan said constitutionally, both parents have legal rights to the children. "When you enter into a marriage, both should have their say in the child's well-being. Just because one spouse converts, it does not give them more right to decide on the children's religion," he added. The High court in Ipoh had allowed Indira's judicial review application in quashing the three certificates obtained by her estranged husband, K. Patmanathan, in converting their three children to Islam without her knowledge. Judicial Commissioner Lee Swee Seng nullified the conversion of Indira's children as she was not present when her estranged husband changed the children's religion. The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) deputy president Jagir Singh said it has been fighting for this for decades. Jagir said that under the United Nation's Conversion Convention of Children's Right, it is stated that the children's rights must be considered in any conversion. "The rights of these minors must be protected and when they reach the age of 18, they can decide for themselves," he told The Malaysian Insider. "This is a correct decision. Under the Federal Constitution, both parents should be allowed to decide in any conversion of their children." He added that there have been hundreds of cases like Indira's that have gone unreported.

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"Such cases cause a lot of pain, especially to a parent, in most cases, mothers. This should be addressed to avoid such instances in the future," said Jagir. - July 26, 2013.

After conversion battle, Indira to fight for reunion with daughter

BY CL ARA CHOO I ASS IS TANT NEW S EDIT OR JUL Y 26, 2013

File photo of Indira (left) with her lawyer Kulasegaran. Indira has not seen her youngest daughter Prasana for more than three years now. Picture by Choo Choy MayPETALING JAYA, July 26 With her childrens conversion nightmare almost over, M. Indira Gandhi will soon file contempt proceedings against her estranged husband, banking her hopes yet again on the countrys justice system to reunite with her youngest daughter. The kindergarten teacher chalked a major win for herself yesterday when the Ipoh High Court finally quashed the conversion certificates of her three children, declaring it unconstitutional to unilaterally force a minor to embrace a different faith. Indiras husband, Muslim convert Mohd Ridzuan Abdullah, had converted the couples three children to Islam four years ago without their mothers knowledge.

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I am extremely happy that we won. It has been a much-awaited verdict, she told The Malay Mail Online when contacted yesterday. But Indira added that the victory was also bittersweet as she has not seen her youngest daughter Prasana Diksa for more than three years now. The whereabouts of the five-year-old, now believed to be living with her father, is still unknown, she said. Since I won custody, there has been no trace of him (Mohd Ridzuan), no sound of him. He doesnt even call his children, Indira said. We deeply miss her... it has been so many years that we have not heard from her, have not seen her face. But no... we will not give up. Prasanas two older siblings, Tevi Darsiny, 16; and Karan Dinish, 15, have been living with their mother since their parents marriage crumbled in 2009. In the drama that first unfolded at the couples home in First Garden, Ipoh, on April 3, 2009, Mohd Ridzuan, then known as K. Pathmanathan, made off with one-year-old Prasana and the birth certificates of all three children, which he later used to convert them to Islam. His dramatic actions set the stage for a highly-publicised legal battle between the couple, and resulted in the March 11, 2010, decision by an Ipoh High Court to grant full custody of the three children to Indira. But apart from the brief glimpse of then 21-month-old Prasana draped in a Muslim headscarf in court two months prior to the decision, Indira never saw her daughter. Her husband allegedly went into hiding and was at one point believed to be in Kota Baru, Kelantan, but attempts by Indira and her lawyer M. Kulasegaran to find the elusive man proved futile. I have not celebrated a single one of my daughters birthdays, Indira lamented. But to look at the bright side, we do believe that one day, Prasana will come back for us. Once she is older and she knows the truth, she will return to us where she belongs. We have faith in that, she added.

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Indira will head to the temple this morning for thanksgiving prayers with her two older children Tevi and Karan, whom she said were elated at yesterdays court decision. Speaking to The Malay Mail Online yesterday, Kulasegaran confirmed that contempt proceedings will soon be filed against Mohd Ridzuan in hopes he would finally be compelled to return Prasana to her mother. He pointed out that with Prasana now legally back to being Hindu and custody rights still with Indira, the child should be returned to her mother. But he is still missing. We have not been able to contact him and all efforts to reach him have failed. We have lodged police reports... they are aware but seem to be pretending that this is a non-issue. These are the weaknesses of the present system, he said. Custodial tussles in cases of unilateral child conversions have been a growing concern over the years and provide a high-profile glimpse of the concerns of Malaysias religious minorities over the perceived dominance of Islam in the country. It also highlights the complications of Malaysias dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims. Indiras historic win yesterday marks a major milestone in Malaysias inter-religious relations, which have suffered greatly over the years due to inconsistencies in decisions by the government and the countrys law books. Earlier this month, Putrajaya retracted the disputed Administration of the Religion of Islam (Federal Territories) Bill 2013 from Parliament, yielding to criticism that it was attempting to legislate unilateral child conversion to Islam that the Cabinet had prohibited in 2009. Minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom filed to have the Bill withdrawn, along with two others. Jamil Khir was also the minister who tabled the proposed laws last month. The uproar over the proposed law was such that it even saw rare public division over the issue within Cabinet, with ministers Datuk Seri G. Palanivel, Datuk Paul Low and Datuk Seri Nazri Aziz all publicly speaking out against the Bill.

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See more at: http://www.themalaymailonline.com/malaysia/article/afterconversion-battle-indira-to-fight-for-reunion-with-daughter#sthash.BklgLbvY.dpuf

She won on religion but when will she see her child?
B Y V. AN BA L AG A N , A SSIS TA NT NE WS EDI TO R J UL Y 2 6, 20 13 L AT EST UP DA TE : J UL Y 26 , 2 01 3 1 0: 16 A M

She stood against the government in court and the father of her own three children to win a landmark ruling yesterday. Her battle was to stop him from changing their religion without her consent, a right that senior lawyers say is enshrined in the Federal Constitution, which says both parents of a minor must consent to any change. Yesterday, she won. The High Court dismissed the three childrens conversion to Islam by one parent alone. But despite her win, all she can think of now is her third and last child, whom she has not seen since her ex-husband took away the one-year-old baby in 2008. The High Court had in 2011 ruled that the mother was to have custody of her three children. "It has been five years and I am longing to be reunited with my daughter," M. Indira Gandhi told The Malaysian Insider. "She was a baby. I do not know if she will recognise me now." Speaking in Tamil by phone, she managed to contain her emotions as she said in a calm and composed voice, "My lawyers have filed contempt proceedings." Her other two children, Tevi Darsiny, 14, and Karan Dinish, 15, are with her. They will remain Hindus because of their mothers long battle in the courts. Indira said the court ruling was a great relief to mothers like her who faced many obstacles and challenges when conversion took place.

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"It is not a victory for me alone. I am glad the court has finally made a bold decision on the rights of a parent," she said. She felt that her husband would definitely challenge the High Court ruling, but added, "I am prepared to go further." Indira, now a kindergarten teacher, married K. Patmanathan 20 years ago, according to Hindu rites. Then, 16 years into the marriage, on March 11, 2009, he converted to Islam and became Muhammad Ridzuan Abdullah. The next month, he converted their three children to Islam at the Bahagian Dakwah, Jabatan Agama Islam, Ipoh, Perak. The conversion was without the knowledge of his wife. That same month, the Syariah Court granted him custody of his three children. The couple separated and the husband took the youngest child, the one-year-old, with him. Indira asked the High Court to quash the decision of the Syariah Court to give the father custody of the children and on July 28, 2010, she won that case despite strenuous objections from the Attorney-General. But despite her win, her husband has not returned the youngest daughter. In the decision yesterday, Judicial Commissioner Lee Swee Seng said the conversions were not valid as they were unconstitutional because they were done without hearing from the mother or the children. This was unconstitutional because Articles 3, 5 and 11 of the Federal Constitution state that a mother has an equal right to raise her children to follow her own religion, he said. He also said the conversion was unlawful as the Perak Syariah law states that children must be present to utter the affirmation of faith. July 26, 2013

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Bar Council to state governments: Repeal enactments on unilateral conversions

JUL Y 26, 2013UPDAT ED: JULY 26, 2013 07:49 PM

PETALING JAYA, July 26 State governments should take heed of yesterdays High Court decision declaring unilateral religious conversions unconstitutional and repeal any state enactment that legalises this, Bar Council president Christopher Leong said today. In lauding the landmark decision by the Ipoh High Court, Leong pointed out that there have been many such legal cases in the past that have plagued families and caused social injustice.

The Malaysian Bar welcomes the decision of the High Court in Ipoh, he told The Malay Mail Online. It is incumbent on the various states that have the unconstitutional provisions for unilateral conversion to take immediate steps to repeal these provisions in their respective state enactments, Leong added. In a landmark decision yesterday, Ipoh High Court Judicial Commissioner Lee Swee Seng declared the conversion certificates of M. Indira Gandhis three children null and void after finding that their unilateral conversion to Islam was unconstitutional and against natural justice.

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The three children Tevi Darsiny, 16; Karan Dinish, 15 and Prasana Diksa, 5 were converted to Islam in 2009 by their father, Muslim convert Mohd Ridzuan Abdullah, without their mothers consent. On April 3, 2009, Mohd Ridzuan had allegedly taken the birth certificates of his three children and converted them without Indiras knowledge. Since then, she has been fighting to annul the conversion, a struggle made even more complicated by a messy custody battle, which had at one point saw her lose guardianship of her youngest child Prasana, when she was merely two-years-old. When arguing her case, Indira has been repeatedly pointing out that her childrens conversion had been without her or her childrens presence or knowledge. Although the court has ruled in Indiras favour, it is heart rending that as a mother she has not seen her baby daughter for 5 years and remain in the dark as to when she will be able to do so again, Leong noted today. Speaking to The Malay Mail Online yesterday, lawyer M. Kulasegaran said High Court Justice Lee had in his judgment cited provisions in the Convention to Eliminate All Forms of Discrimination Against Women or CEDAW, which Malaysia ratified in 1995. The High Court Justice reportedly pointed out that the convention protects the childs identity, particularly in matters of race and religion, and guarantees equality to both men and women in family matters. The judge noted that the Malaysian government could not merely ratify the convention on the international sphere but ignore it in national laws. This decision is no victory for anyone, but we have to learn to live in harmony, Justice Lee had later said, according to Kulasegaran. Muslim womens group Sisters in Islam (SIS) also praised the judges decision today, saying it guarantees equality to both men and women when it comes to their children, particularly concerning religion. Its decisions like these that will uplift the name of Islam in this country because they reaffirm that Islam cannot be abused by parties as a means to subvert ones responsibilities under civil law, SIS programme manager Suri Kempe told The Malay Mail Online via a text message.

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Custodial tussles in cases of unilateral child conversions have been a growing concern over the years and provide a high-profile glimpse of the concerns of Malaysias religious minorities over the perceived dominance of Islam in the country. It also highlights the complications of Malaysias dual legal systems where Muslims are bound by both civil and syariah laws, the latter of which do not apply to or recognise non-Muslims. Suri highlighted a case in 2002 concerning Shamala, a mother of two was unable to fight for her childrens custody under Syariah court as when it comes to a converted Muslim child, the custody is given to the Muslim party by default. There have also been cases where husbands, upon conversion, are absolved from paying maintenance on the premise that they are now Muslim and therefore not beholden to provide maintenance to his non-Muslim family. By right, children must not be converted unilaterally (as per the 2009 cabinet decision) and the non-converting spouse has the right (upon divorce) to receive maintenance for herself and the children, as provided for in civil law, she added. Lawyers and rights groups agreed today that Indiras historic win yesterday marks a major milestone in Malaysias inter-religious relations, which have suffered greatly over the years due to inconsistent policies and overlaps in legal jurisdictions. The issue has also been highly politicised due to Malaysias Muslim-majority population.

See more at: http://www.themalaymailonline.com/malaysia/article/bar-council-tostate-governments-repeal-enactments-on-unilateralconversion#sthash.jXXTfLLE.dpuf

Letter to the Editor: Rights of spouse when the other converts to Islam
Last Updated:4:05pm, Jul 25, 2013
by Womens Aid Organisation

MANY objected strongly when the government tabled the Administration of the Religion of Islam (Federal Territories) Bill 2013 late last month. The Bill allowed for the unilateral conversion to Islam of a child by one parent, presumably after that parent converts himself or herself to Islam.

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We are glad that these strong objections have caused the Bill to be withdrawn, for now. Many have emphasised too that withdrawing the bill does not address the problem as existing state religious laws and the Bahasa Malaysia version of the Federal Constitution must be amended to ensure that the consent of both parents is necessary for a child s conversion.

But unilateral conversion of the child is not the only issue to worry about when one spouse converts to Islam. In WAO's direct experience with women whose husbands convert opportunistically, other rights of the nonconverted women have been eroded.

Right to inherit from a family member who converts to Islam

If one spouse converts to Islam, the non-converted spouse and other nonMuslim next-of-kin are not entitled to inherit from the converted spouse. The Distribution Act 1958 does not apply to the estate of any person professing Islam, and non-Muslims are generally not allowed to inherit underfaraidprinciples of asset distribution. Non-Muslim family members can only receive at most one-third of the converted persons estate, if the converted person chooses to bequeath anything at all.

The Distribution Act 1958 should be amended to safeguard the right of the deceaseds non-Muslim next-of-kin to inherit.

Right to have all issues relating to a civil law marriage settled according to civil laws and adjudicated only in civil courts

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Shamala a/p Sathiyaseelan is a Hindu mother whose husband converted to Islam and converted their two infant children without her knowledge or consent. She went to the High Court to seek redress, but the Court ruled that since the children were now Muslims, the Syariah Court was the only qualified forum to determine their religious status. As Shamala was not Muslim, she could not appear in the Syariah Court either, and she was left with no avenue to seek justice.

The Law Reform (Marriage And Divorce) Act 1976 should be amended to ensure that all issues relating to a civil law marriage are settled according to civil laws and adjudicated only in civil courts. A marriage contract between two non-Muslims is made under civil law. It is therefore unjust for a non-Muslim spouse to unexpectedly find her or himself subject to laws other than those she or he had agreed to at the time of marriage.

Right to be informed of a spouses conversion to Islam

Everyone has a right to embrace a religion of their choice, but there is no legal requirement for a spouse who converts to Islam to inform his or her family members of the conversion. This is key as the conversion has legal consequences on the marriage and the rights of the non-converted family members. Before registering a conversion, religious authorities should ensure that the spouse and other family members have been notified through a written acknowledgment.

Irresponsible spouses have been allowed to misuse religion to shirk their moral and legal obligations. As a community of shared values we must not allow the unconverted spouse and other family members to face the injustices caused by this misuse.

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Womens Aid Organisations mission is to promote and create respect, protection and fulfillment of equal rights for women. Arguments in the letter were adopted from the memorandum Safeguard Rights of Wives and Children upon Conversion of Husbands to Islam, published by the Joint Action Group For Gender Equality (JAG) on Feb 5, 2007.

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