A PERLIS Islamic enactment, which permits unilateral conversion of a minor, goes against a ruling by the Federal Court, DAP leader P. Ramasamy said.

Not only does it contradict the apex court’s decision, the state is also acting beyond the powers afforded to it under the Federal Constitution, the DAP deputy chairman and Penang deputy chief minister II said.

Ramasamy was commenting on the case of Loh Siew Hong, whose 14-year-old twin daughters and 10-year-old son were converted to Islam without her consent.

Perlis Mufti Mohd Asri Zainul Abidin’s contention that Perlis law allowed unilateral conversions, and thus Loh’s children – converted by her ex-husband – were legitimate according to state law.

“Religious conversion is not a zero sum game, but in accordance with the law. The Federal Court’s decision must be adhered to in the best interests of both the children and Loh,” Ramasamy said in a statement.

“The talk about Perlis state enactment enabling consent of one parent, the father giving his blessings for conversion and the children wanting to remain Muslims are not only in defiance of the Federal Court but for reasons that are ultra vires (beyond legal power), with respect to the Federal Constitution.

“Good sense must prevail on this matter of conversion and not coming out with reasons that are aimed at justifying a terrible wrong that had taken place,” he added.

Ramasamy was referring to the 2018 apex court judgment in favour of M. Indira Gandhi, which nullified unilateral conversions by her ex-husband of her three children, citing that religious conversion required the consent of both parents.

Asri, in a ceramah broadcast on Facebook Live, said the Perlis Islamic enactment states that either the father, mother, or a guardian can convert minors in their charge to Islam.

He said the law was passed in 2016 by the Perlis assembly, allowing those wishing to pass down their Islamic faith to their children can do so with the agreement of either the father or the mother.

Loh is Hindu and raised her children as such, before the couple were separated, with Loh claiming spousal abuse.

The children were snatched away by her estranged husband while she was in hospital in 2019. Loh’s husband is currently in prison in Kelantan.

Following their divorce, she was granted full custody of her children by the Kuala Lumpur High Court in March last year and launched a search for them.

She later found them in the care of the Perlis religious authorities and Loh briefly met them at Kangar police station four days ago. Her further attempts to meet them have been denied.

Asri said the three children were converted without Loh’s presence at the Perlis Religious Department in 2020.

The department did not search for the mother, he added.

However, Ramasamy today said that failure to locate the mother at the material time was not an excuse or justification for unilateral or unethical conversion.

“The religious authorities should have exercised caution in this matter and not just rush into converting the children on the basis of their recital of some religious verses.

“The very fact that her consent was not obtained makes the conversion of her children null and void,” Ramasamy said.

Loh has since filed a habeas corpus application to compel the department to return her children to her. The application will be heard on Monday.

Pending the hearing, she was allowed to visit her children daily, but this too was stopped by the religious authorities yesterday, who informed her that she needed approval from a “higher up”. – February 18, 2022.