Federal Court ruling a victory for Islam and all Malaysians, says Nazri


Melati A. Jalil

TOURISM and Culture Minister Mohamed Nazri Aziz today lauded the Federal Court ruling in nullifying the unilateral conversion of M. Indira Gandhi’s three children to Islam, saying it’s a victory for all Malaysians. 

The former de facto law minister said today’s decision showed that the cabinet was right in announcing in 2009 that children of an estranged couple should remain in the religion of the parents at the point of their marriage. 

“I have always maintained that parent means both father and mother, and it’s really wrong and stupid to interpret parent as either one. And when I was a law minister, I had always maintained that the father had no right to do what he did. 

Islam is all about justice. When it is unjust it’s not Islamic, so, it’s a very good decision and from now onwards, there shouldn’t be any doubt in cases like this,” he told The Malaysian Insight today. 

The apex court’s five-judge bench, comprising Court of Appeal president Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Richard Malanjum, Zainun Ali, Abu Samah Nordin and Ramly Ali, ruled that the unilateral conversion of the children to Islam was null and void. 

Zainun, who read out a summary of the judgment, said the conversion will also need the consent of both parents.

Nazri also expressed his happiness for Indira Gandhi, who had to endure a nine-year legal tussle. 

“It’s a victory for Islam and all Malaysians, we have been vindicated and the most important thing is the cabinet was right in making the decision. 

“But what a waste of time to wait until almost 10 years to have this decision. I  sympathise with Indira Gandhi, what she has gone through, but I’m very pleased and happy for her.”

MCA publicity spokesman Ti Lian Ker, meanwhile, said the Federal Court’s ruling should retroactively set a precedent  for all disputed cases.

“The conversion certificates of all minor children, whose faith was changed by one parent without informing the other, must now be dealt with as quashed or ‘null and void’ as so ordered by the apex court.”

Today’s apex court ruling overturned an appellate court 2-1 majority decision on December 30, 2015, to reinstate the conversion certificates of her three children, which had been nullified by the Ipoh High Court.

The appellate court had ruled that the civil High Court did not have jurisdiction to decide on the validity of the children’s conversion, which it said came under the exclusive jurisdiction of the Shariah Court.

The children, two girls and a boy now aged 20, 19 and 9, were converted to Islam by their father, Muhammad Riduan Abdullah, 47, formerly known as K. Pathmanathan, in April 2009 without Indira Gandhi’s consent, following Riduan’s conversion to Islam.

The children were then aged 12 and 11 years, and 11 months. – January 29, 2018.


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Comments


  • should have said it's really wrong and stupid nine (9) years ago. hehehe.

    Posted 6 years ago by Astann astann · Reply

  • So can the father be hauled up immediately by Sharia court for abusing and treating Islam for his selfish purpose. No use just saying sorry to the mother after nine years as it does not mean a thing at all. Looks like a farce to draw in voters for GE14. Infact the blood is boiling at such an injustice.

    Posted 6 years ago by Lee Lee · Reply

  • It's a victory of common sense over desert culture and your version of religion, nothing more. So shameless.

    Posted 6 years ago by Xuz ZG · Reply

  • The last child probably NOT EVEN RECOGNIZE THE MOTHER ..
    What a travesty of justice ... MOFOS ...Even that PIG shit who refused
    the order of the court....

    Posted 6 years ago by Ramamurthi ram · Reply

  • Trying very hard to spin this federal court ruling to the government advantage. Pathetic! If he has any sincerity and guts, he should have come out openly to declare that the conversion is unconstitutional and illegal and make morally wrong. But he remained silent and worse yet allow the previous IGP's refusal to carry out previous court ruling

    Posted 6 years ago by HC Lung · Reply

  • Damage is already done. Indira hasn't seen her youngest child for 9 years. The girl never knew her mother, never knew her struggles, never knew another religion. Does she get a fresh start to choose her religion? Will she accept her mother? Will she ever learn about the wrongs her father has committed? And for the government to wash its hands for 10 years out of political expediency, and them dropping Law Reform Act amendment 88A recently again for political expediency, and only now turning around to celebrate this decision... I can only say it's hypocrisy. I'm more curious what has changed. Perhaps thinking that Bersatu has neutralised their command of Malay votes, they are now back to hunting all votes. Malaysians beware. One good deed does not change the nature of the beast. Can't even say if the court was truly independent in this case, although on the face of things it would appear to be so for this case. But it'll be a bit too early to declare that they are independent. The real test comes when there is a dispute relating to elections or one of the opposition leaders. I don't expect them to show mercy to the opposition then.

    Posted 6 years ago by Quigon Bond · Reply

  • OMG, 9 God-damned years & still beating his & BN's drums...! Its bigly suspect semblance that it gotta be d fault of
    fast approaching GE14...! So, hold ur horses to claim credit to it!

    Posted 6 years ago by Musang Wang · Reply

  • Thank you Datuk Seri. At least someone knows how to talk diplomatically.

    Posted 6 years ago by ROB FRANCO · Reply

  • Opi Nazri, how come the Fed court decision today is a victory for Islam. This I simply cannot understand when the decision today goes against the Agama dept. who so eagerly converted these three children to Islam on a flimsy account of the father’s decision alone. As pointed out correctly by you, Nazri it is simply stupid and wrong yet the Agama authority went ahead approved and legitimized the conversion. What if the Fed court allows the reinstatement of the illegitimate conversion, would you be dancing in the street handing out chocolate to children. I am utterly confused by your stand. Yes, it’s true 9 long years of anxieties and sufferings waiting for this righteous conclusion. Just explain to us why did the lawmakers did not rectify this wrongful situation in Parliament. Why the delay and indecision.?

    Posted 6 years ago by Charles chia Kwang dong · Reply

  • Two Muftis have commented that, the ruling not according islamic term.
    The muftis won't bother what is right and wrong, they just need everything special.
    Islam is fair religious, only these kind of muftis establishing bad name for Islam.
    Even God can't brainwash them. Braindead.

    Posted 6 years ago by Jay Jay · Reply

  • I am glad that at least one Minister has applauded the Federal Courts verdict. What happened to the tongues of the non malay Ministers?

    Posted 6 years ago by Mogan Rao · Reply

  • Why now? When the Shariah court rejected this, he should have open his big mouth!!! This guys, so called guardians of the Bolehland, are plain backward in their thinking's and don't have guts to object a ruling by their fellow Muslim....LOL. This is plain idoitic of the Bolehland adminstration...

    Posted 6 years ago by Crishan Veera · Reply