Court allows Indira to challenge her children’s conversion

Court allows Indira to challenge her children’s conversion

There are questions on whether both parents must give consent before a conversion certificate can be issued.

PUTRAJAYA:
The Federal Court on Thursday allowed kindergarten teacher M. Indira Gandhi to challenge her three children’s conversion to Islam by former husband and Muslim convert Riduan Abdullah (K. Pathmanathan), unilaterally.

Chief Judge of Malaya Justice Zulkefli Ahmad Makinuddin, along with Justices Abu Samah Nordin and Aziah Ali, allowed three questions out of eight questions of law.

“We allow the leave. There are questions on whether civil courts have jurisdiction over the issuing of conversion certificates, whether the Pendaftar Muallaf can register the religion of the child under 18 years old, and whether both parents must give consent before a conversion certificate can be issued,” Justice Zulkefli said.

No order was made to cost.

Last year, the Court of Appeal in a majority decision, ruled that the three siblings’ conversion falls exclusively under the jurisdiction of Syariah law.

On 25 July 2013 the Ipoh High Court quashed the certificates of conversion of Tevi (19 year old) Karan (18 year old), and Prasana (eight year old), declaring it null and void.

Riduan was granted the custody of his three children in April 2009 by the Syariah Court after he had unilaterally converted them to Islam.

The civil court granted the siblings’ custody to their mother in March 2010.

Riduan defied the High Court ruling on returning his children to his ex-wife.

He was cited for contempt by the court, an order upheld in the Court of Appeal.

He was denied leave to challenge the contempt of court at the apex court last year.

Then, Indira filed a judicial review to compel the Inspector-General of Police (IGP) to track Prasana Diksa and arrest Ridhuan.

On April 29, the Federal Court ordered the IGP to arrest Ridhuan for refusing to return his youngest daughter to his former wife.

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