In a landmark decision, the Federal Court granted an appeal by kindergarten teacher M Indira Gandhi, who challenged the conversion of her three children to Islam by her ex-husband.
- Triumph after nine years
- Consent of both parents needed to convert a minor
- Unilateral conversion of Indira’s children to Islam null and void
- Civil courts can hear such matters if there is a contradictory Shariah court decision
- Police will now track down Indira’s abducted daughter
It has taken nine long years, but Indira’s legal tussle has finally come to an end as the country’s highest court ruled in favour of the Hindu mother, nullifying the unilateral conversion of her three children – Tevi Darsiny, 21; Karan Dinish, 20; and Prasana Diksa, 10 – to Islam by her Muslim convert ex-husband.
The Federal Court today ruled that the Registrar of Muallafs (Muslim converts) had acted beyond the “limits of power” in registering the children as Muslims when conditions for their conversion were not fully met.
In a summary of a 99-page judgment read out by Federal Court judge Tan Sri Zainun Ali, the court ruled that the consent of both parents is needed to convert a minor.
“The consent of both the appellant (Indira) and her husband are required before a Certificate of Conversion to Islam can be issued in respect of the children,” she said.
“Since the children were not present (during the conversion), and the conditions were not fulfilled, the registrar has no power to register them as Muslims,” Zainun said.
The registrar misconstrued the extent of his authority in the matter, she added.
As such, she said the registrar had “no justification” to issue a certificate of conversion for the children.
“The conversion is null and void and must be set aside,” she said.
Court of Appeal president Justice Zulkefli Ahmad Makinudin, who chaired the five-man panel, said their decision was unanimous.
Chief Judge of Sabah and Sarawak Justice Richard Malanjum, Justices Zainun Ali, Abu Samah Nordin and Ramly Ali were the other judges on the panel.
Indira, 43, shed tears of joy when the judgment was read but a void remains as she was unable to celebrate the long-awaited good news with her youngest child, now aged ten.
“My daughter is still missing. I want to see her. I really need to hold her. It has been nine years. When is she going to come back? Even though we have won this case, she is not here,” she told reporters after the Apex Court delivered its verdict.
She added that IGP Tan Sri Mohamad Fuzi Haron could now act and locate her daughter.
“There is a court ruling now. So he can’t say he can’t do anything. He has to act now,” Indira said.
The IGP said police will track down Indira’s daughter who was abducted by her Muslim ex-husband following the landmark ruling that finally clarifies the issue of unilateral conversions to Islam.
“Yes, following the development today we will abide by the court order.
“I will instruct my men to track down the daughter and also the ex-husband,” Fuzi told the Malay Mail this afternoon.
Indira’s ex-husband K Pathmanathan, who later changed his name to Muhammad Riduan Abdullah, converted their three children to Islam on his own in 2009, three weeks after his own conversion.
Riduan and Prasana Diksa.
Tevi and Karan both have stayed with their mother since the conversion, but the couple’s youngest, Prasana Diksa, was abducted by the father when she was 11 months old and has remained with him since.
(L-R) Tevi, Indira with a photo of baby Prasana, and Karan.
Riduan and Indira’s children were not present at the courthouse today.
The Federal Court on April 29, 2016, had ordered the then IGP Tan Sri Khalid Abu Bakar to execute a warrant of arrest for Riduan, who had disobeyed the Ipoh High Court’s order to return Prasana to her mother after granting Indira full custody of her children. Khalid was also to retrieve Prasana and return her to Indira.
He had said his agency could not execute the order, citing the jurisdictional conflict between the civil courts and their Shariah counterparts, which also issued an order in favour of Riduan.
Indira’s lawyer M Kulasegaran said the landmark decision now specifically spells out that civil courts can hear such matters even if there is a contradictory Shariah court decision.
“This is for a lot of people where (unilateral) conversion has taken place. They can come to the civil court now,” he said.
Kulasegaran added that the decision was timely.
“It has not been an easy task, but we are very happy.
“I urge Malaysians in similar predicaments to take the issue up in court,” the lawyer said.
The court also ruled that the word “parent” in Article 12(4) of the Federal Constitution should be read as “parents”.
That article says that the religion of a person under the age of 18 shall be decided by his parent or guardian.
The court’s ruling today put an end to the interfaith custody battle that followed after Indira’s ex-husband converted all three of their children to Islam without their knowledge and presence, and without Indira’s consent. He also abducted his youngest child and several days after the conversion, he went to the Shariah Court to obtain custody of his children.
Indira’s eldest daughter, Tevi is now an adult at 21 while her brother Karan is 20. They are old enough to decide on their own faiths.
Related report: Nov 21, Indira Gandhi to Sue IGP for Ignoring Court Order to Arrest Muslim Ex-Husband