THE unilateral conversion of three Hindu children to Islam may open the door to criminal charges against those responsible, a legal expert said.

Malaysian Centre for Constitutionalism and Human Rights director Fahri Azzat said the fact that a unilateral conversion occurred – despite a Federal Court ruling that a conversion requires the consent of both parents – shows a blatant disregard for the law.

He 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.

The authorities showed a lack of humanity when they separated three children from their mother, he added.

However, Perlis mufti Mohd Asri Zainul Abidin said the conversion of the three children is legal under Perlis law.

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

In a Facebook live ceramah last night, Asri said, in 2016, the Perlis assembly passed a law that allows those wishing to pass down their Islamic faith to their children can do so with the agreement of either the father or the mother.

“It is not against Perlis law. Other states might be different, but only one parent is enough in Perlis.

“In this case, the children’s father wants his kids to be converted to Islam,” the mufti had said.

Loh is Hindu and raised her children as such, before they were snatched away by her estranged husband while she was in hospital in 2019.

Fahri said it is important to see who signed the children’s conversion certificates as the parents were not present at the time.

“If there is a signature, it has to be a fake or a forgery,” the lawyer told The Malaysian Insight.

“The religious authorities are in a bind. If it turns out those documents are forged, then you have a criminal case.

“Let’s see who signed it. If it is someone else (not the parents), they are all in trouble.”

According to the Administration of Islamic Law (Federal Territories) Act 1993, a conversion of a minor should ideally be done in the presence of both parents.

According to section 117 of the Administration of the Religion of Islam Enactment 2006, a person can convert to Muslim at the age of 18 or if they are a minor, must attain consent from a parent or guardian.

“I would say that is the best. In lieu of that, a written confirmation of support should be tendered to the religious authorities,” Fahri said.

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.

While the father may have consented to the conversion, the Federal Court ruled that consent of both parents is required before a conversion-to-Islam certificate can be issued to their children – as in the case of M. Indira Gandhi.

Legal recourse

Loh, 35, divorced her husband citing domestic abuse three years ago, but he abducted their children and she has not had contact with them since, despite ongoing efforts to track them down.

Kuala Lumpur High Court granted her custody of her three children last year, but she only recently learned that her ex-husband is in prison in Kelantan on a drugs conviction.

As such, her children were taken into care by Perlis Religious Department.

The Hidayah Centre Foundation – without Loh’s consent – brought the three children to the religious department and converted them to Islam.

Meanwhile, despite the fact that Loh has full legal custody, her children remain in the care of the religious authorities in Perlis.

She was given a one-hour supervised access to her offspring on Wednesday.

Loh has filed a habeas corpus application to compel the religious authorities to return her children, which will be heard on Monday at Kuala Lumpur High Court.

The single mother can also file for contempt of court and a judicial review to look into the conversion of her children, Fahri said.

“She should file for contempt. The religious authorities are getting in the way of the custody order. There is basis in law for them to hold the children, it is illegal.

“If it was me, I would have filed a judicial review against the authorities for the conversion and maybe a potential tort of misfeasance.”

While many empathise with her predicament as a mother, the issue can take a different turn because it involves religion and raises the question of whether Loh will indeed be reunited with her children, he added.

“The authorities do not respect the law. They are facilitating illegality,” he said, reinforcing his point by mentioning the Indira case, in which she is suing the government and police, accusing them of not making any effort to recover her daughter.

Prasana Diksa was snatched by Indira’s ex-husband in 2009 and converted to Islam. He is still on the run.

“From the government and police’s side, they do not care even when it is wrong. They are not genuine in doing their work.”

No humanity

Former Umno MP for Sungai Benut, Tawfik Ismail, said the way authorities treated Loh is “inhumane”.

“The problem is that they did not exercise any humanity towards the mother or the welfare of the children.”

He questioned Asri’s role in the incident, saying that it is strange for him to be so involved in the case.

“He is supposed to give religious guidance, but what he has done is akin to showing that Islam is uncaring and rigid. He has done a disservice to his followers.

“It shows a side of Islam that makes Islamaphobia possible and reflects very badly on Perlis.

“The right thing (to do) is to return the children to the mother, that is natural justice. Religion is a personal matter. The children are minors and under the care of their parent.

“It is a basic right in any country for children welfare to be under the parent.

“They (the children) can choose what religion they want to be part of later in life. You cannot make the decision for them now.” – February 18, 2022.