Varnam Malaysia
  • Home
  • News
  • Celebrity
  • Reviews
  • Features
  • Music
  • Trailers
  • Culture
No Result
View All Result
Varnam Malaysia
  • Home
  • News
  • Celebrity
  • Reviews
  • Features
  • Music
  • Trailers
  • Culture
No Result
View All Result
Varnam Malaysia
No Result
View All Result
Home News

Loh Siew Hong Emerges Victorious In Legal Battle Against Unilateral Conversion of Her Children to Islam

by Sabita
January 12, 2024
13
SHARES
Share on FacebookShare on TwitterSend

In a groundbreaking ruling, the Court of Appeal unanimously invalidated the unilateral conversion of three Hindu children to Islam by their father, a Muslim convert, thereby supporting their Hindu mother, Loh Siew Hong. The court grounded its decision on the precedent established in M. Indira’s case, declaring the Perlis state law allowing the conversion of children to Islam with the consent of only one parent as unconstitutional.

Led by Court of Appeal judge Datuk Hadhariah Syed Ismail, the three-judge panel granted all nine orders sought by Loh in her legal challenge. This included nullifying certificates of conversion issued to the children, compelling the removal of their names from the registry of Muslim converts, and declaring Section 117(b) of the Perlis state law unconstitutional.

Image Source Malay Mail

Hadhariah criticised the High Court for failing to address key issues, emphasising the need to determine the lawfulness of unilateral conversion and the constitutionality of Section 117(b). The ruling reaffirmed the Federal Court’s decision in Indira Gandhi’s case, stating that the consent of both parents is mandatory before converting minor children to another religion.

The contentious Section 117(b), originally requiring consent from both parents for children under 18 to convert to Islam, was amended in 2016 to allow conversion with consent from either parent. The Court of Appeal held that the current version of the law, which permits conversion with only one parent’s consent, was an act of violation against the Federal Constitution.

Judges Datuk Hashim Hamzah and Datuk Azhahari Kamal Ramli were part of today’s panel. On March 25, 2022, Loh initiated a legal challenge by filing a judicial review at the High Court, naming the Perlis registrar of Muslim converts, MAIPs, the Perlis mufti, and the Perlis state government as respondents. Despite the High Court’s rejection on May 11, 2023, of Loh’s challenge against the unilateral conversion of her three children to Islam without her consent, she proceeded with an appeal, leading to today’s Court of Appeal decision that has finally given her justice.

Image Source ISMAweb

Loh’s lead lawyer, A. Srimurugan, highlighted the lack of Loh’s consent to her children’s conversion and argued that the High Court’s failure to address the constitutionality of unilateral conversion constituted a miscarriage of justice. Drawing parallels with the Federal Court’s decision in Indira Gandhi’s case, Srimurugan stressed the necessity of striking down Section 117(b).

Representing three respondents, Perlis state legal adviser Mohd Radhi Abas argued that certificates of conversion were legally issued under Section 112 of the Perlis state law. He contended that the term “parent” in Article 12(4) of the Federal Constitution should refer to either the father or mother, not both. Mohd Radhi also advocated for the Malay language translation of the Federal Constitution to be used as the authoritative text.

image Source Focus Malaysia

Lead lawyer for Perlis Islamic Religious and Malay Customs Council (MAIPs), Mohamed Haniff Khatri Abdulla, supported reliance on the Malay translation, claiming the Federal Court’s dependence on the English version was erroneous. The Court of Appeal, however, firmly upheld the English text as the authoritative source, citing that the Malay translation of the Federal Constitution is only a translation of the legal text and cannot be righted as law.

This landmark ruling establishes a significant legal precedent, emphasising the importance of parental consent in religious conversions of minor children. The decision offers protection against unilateral conversions, promotes equal parenting rights, and clarifies constitutional principles. It sends a strong message against unilateral conversion, aiming to prevent prolonged legal battles and protect the welfare of children, echoing the sentiments expressed in the Indira Gandhi case. This ruling is expected to shape future cases involving religious conversions of minors, setting a clear standard for constitutional interpretation.

Image Source Malay Mail

Source: Malay Mail 

Follow us on Instagram, Facebook or Telegram for more updates and breaking news. 

Filed Under Court of AppealFederal ConstitutionLoh Siew HongM. Indira
https://lomp.at/fvv1x
Share5Tweet3Send

YOU MIGHT ALSO LIKE

Image source: NST
News

PLUS Expects 2.2 Million Vehicles During National Day Weekend, Enhances App Features for Smoother Travel

by Tivyasruthi Nair Prem Ananth
August 29, 2025

Plus Malaysia Berhad (PLUS) anticipates a surge in traffic volume across its highway network, with an estimated 2.2 million vehicles...

Read more
Image Source: Bernama
News

Selangor Extends RM200 Book Vouchers to Form Six Students

The Selangor government has announced that Form Six students in the state will soon benefit from the RM200 Kita Selangor...

Read more
by Shivashangkari Chandran
August 25, 2025
Image Source: NST
News

Communications Ministry Plans Music Industry Development Act

The Ministry of Communications has embarked on a comprehensive Music Industry Development Study to address the challenges, gaps, and opportunities...

Read more
by Shivashangkari Chandran
August 21, 2025
Image source: AP News
News

National Day Parade: Major Road Closures in Putrajaya from Aug 26–31

Police have announced that several roads in Putrajaya will be temporarily closed later this month in conjunction with the upcoming...

Read more
by Tivyasruthi Nair Prem Ananth
August 20, 2025
Image source: YB Dato' Seri Ramanan Facebook
News

MITRA Stands by Refurbished Laptop Distribution for Tamil Schools as Smart Use of Funds

During the Prime Minister’s Question Time (PMQT) at the Dewan Rakyat, YAB Dato' Seri Anwar Ibrahim announced new initiatives worth...

Read more
by Tivyasruthi Nair Prem Ananth
August 20, 2025
Image source: Malay Mail
News

Temporary Road Closures in Petaling Jaya This Weekend for PJ Half Marathon 2025

Petaling Jaya will experience several temporary road closures this weekend as the PJ Half Marathon 2025 takes place across the...

Read more
by Tivyasruthi Nair Prem Ananth
August 15, 2025
Image Source: NST
News

Govt Allocates RM8.4 MIllion for Jalur Gemilang Badges for Over 5 Million Students

The government has set aside RM8.4 million to provide Jalur Gemilang badges to 5.14 million students in schools, Matriculation Colleges,...

Read more
by Shivashangkari Chandran
August 12, 2025
Image Source: teonieching instagram
News

Communication Ministry Offers Long-Term Welfare Aid for Artistes in Need

The Communications Ministry has reaffirmed its commitment to supporting Malaysian artistes facing long-term health and financial challenges, especially those suffering...

Read more
by Shivashangkari Chandran
August 5, 2025
Image Source: SAYS
News

Govt to Establish Autism Education Centres in Every State, Expand Special Needs Facilities Nationwide

In a significant move towards inclusive education and disability support, the government has announced plans to build dedicated education centres...

Read more
by Shivashangkari Chandran
July 31, 2025
Image source: NST
News

Chronology of Tishant’s Tragic Case: How a Missing Person Case Became a Murder Probe

A six-year-old boy named Tishant was reported missing in the Taman Bukit Indah area early on the morning of July...

Read more
by Tivyasruthi Nair Prem Ananth
July 30, 2025
Load More

TRENDING

  1. 1

    EXCLUSIVE: Dr Vanajah Siva, the Angkasawan Finalist Who Never Stopped Reaching for the Stars

  2. 2

    Malaysia Airlines Adjusts Flight Schedules Ahead of Merdeka Day Airspace Closure

  3. 3

    All You Need to Know About Mirugasirisham: The Orion

  4. 4

    Court Hill Sri Ganesar Temple Gears Up for Two-Day Vinayagar Chathurthi Festival

  5. 5

    Mirugasirisham: A Cinematic Triumph Blending Horror, Humor, and Heart

  • Advertising
  • Jobs
  • Contact Us
  • Privacy Policy

© 2025 Vijandren Ramadass. All Rights Reserved.

No Result
View All Result
  • Home
  • News
  • Celebrity
  • Reviews
  • Features
  • Music
  • Trailers
  • Culture

© 2025 Vijandren Ramadass. All Rights Reserved.

No Result
View All Result
  • Home
  • News
  • Celebrity
  • Reviews
  • Features
  • Music
  • Trailers
  • Culture

© 2025 Vijandren Ramadass. All Rights Reserved.