Appeals Court postpones MAIS' appeal in unilateral conversion of three children to Islam

A three-member bench comprising Justices Datuk Suraya Othman, Datuk Azizah Nawawi and Datuk Hashim Hamzah postponed the appeal and sent the matter for case management.

This was after lawyer Mohamed Haniff Khatri Abdulla, representing MAIS and the State Registrar of Muslim Converts, told the court that there would be a similar unilateral conversion case before the Federal Court tomorrow where similar issues would be raised.

Lawyer Sa'adiah Din, who acted for the Hindu mother and her three children, did not object to the request for postponement of the appeal hearing.

MAIS and the Selangor state Registrar of Muslim Converts are seeking to reinstate the conversion status of the three children which the High Court had declared it to be invalid.

On Sept 29, 2020, Shah Alam High Court judge Datuk Mohd Zaki Abdul Wahab allowed the lawsuit brought by the mother to declare that the conversion of her children, who were then aged 13, 11, and eight years, to Islam was invalid and that their conversion could not be registered by the Selangor Registrar of Muslim Converts.

The High Court ruled that it was bound by the 2018 Federal Court's decision in the conversion case of kindergarten teacher M. Indira Gandhi's children.

In the (Indira Gandhi) case, the Federal Court held that the consent of both the mother and father were required to change the children's religion to Islam.

In today's case before the Court of Appeal, the father brought the three children to a mosque in Selangor in March 2016 where he then converted himself and the children to Islam.

He then brought his children to the Hidayah Centre Foundation in Taman Melawati for filling up of the religion conversion forms and to register the children's conversion to Islam.

Their Hindu mother, who has since divorced the father, claimed she was not consulted on the children's conversion to Islam.

The children claimed that they did not agree to embrace Islam.

The mother and her children filed the suit in April 2018 against the man (father of the children), the Selangor Chief Registrar of Muslim Converts, MAIS, the Selangor state government and the Malaysian government.

However, the claim against the Selangor government has been dropped.