IPOH: In a landmark decision, the High Court yesterday nullified the conversion of three minors by their Muslim convert father more than four years ago.
Judicial commissioner Lee Swee Seng, who delivered the judgment, said the conversions of Tevi Darsiny, 16, Karan Dinish, 15, and Prasana Diksa, 5, were unlawful.
Their names after conversions were Umu Salamah, Abu Bakar and Umu Habibah.
Their father, Mohd Ridzuan Abdullah, whose Hindu name before conversion was K. Patmanathan, converted them in April 2009 and then obtained certificates of conversion from the Perak Islamic Religious Department to show his Hindu wife, M. Indira Gandhi, as proof of conversion.
Indira then filed an application the same year to seek the nullification of the conversion on the basis that the conversions contravened the Administration of the Religion of Islam (Perak) Enactment 2004 and other laws, including the Federal Constitution.
She named as respondents the Perak Registrar of Converts (Pendaftar Mualaf), Perak Islamic Religious Department, Perak government, the Education Ministry, the Federal Government and Ridzuan.
Indira was represented by K. Shanmuga, M. Kulasegaran and N. Selvam. The first three respondents were represented by assistant state legal adviser Norazura Mokhtar, who also mentioned for the fourth and fifth respondents. Counsel Hatim Musa represented Ridzuan.
In his judgement, Lee said the conversions were null and void because the minors were not present before religious officials to utter the declaration of faith (kalimah syahadah) as required by the enactment.
"Although they are children, like those who have attained the age 18, they have to utter the declaration of faith in person (at the Perak Islamic Religious Department) before certificates of conversions could be issued to them.
"It is this court's interpretation that the children had to have expressed their desire to convert to Islam before the conversions could take place," he said referring to Sections 96 and 106 of the Enactment.
Lee said that the High Court of Malaya had superior powers to decide on matters related to conversion.
He also said if the word "parent" were to be taken to mean either father or mother then this would lead to "one parent converting the child today, and another parent converting the child tomorrow and the cycle will continue".
Lee said he believed the framers of the Federal Constitution did not have this in mind when drafting the supreme law of the land.
The court also found that Article 11, which gave every Malaysian religious freedom, included the right to educate and raise children in the religion of their parents.
"This is part of the right to practise other religions in peace and harmony as per Article 3 and part of the right of life and liberty as per Article 5 of the Federal Constitution."
Lee did not make a ruling on cost as he believed the respondents might appeal the decision.
Speaking to reporters after the decision was delivered, Indira, who was accompanied by her mother and another relative, said it was a good decision.
"I have been waiting for nearly five years.
"This is a very very touching moment for me and my kids.
"I am just waiting to deliver the (High Court) decision to them (Tevi Darsiny and Karan Dinish)."
The youngest child, Prasana Diksa, had been taken away by Ridzuan although the High Court had given full custody of all three children to Indira.
He had refused to hand over the child and her whereabouts are not known.
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