THE Joint Action Group for Gender Equality (JAG) is deeply disturbed by the position taken by the Perlis mufti, who is defending the unilateral conversion of single mother Loh Siew Hong’s three children by their father.

The Perlis Welfare Department and enforcement agencies are also taking this same position, as they have repeatedly delayed the reunion of mother and children – in effect, denying the mother’s right to full custody awarded by the High Court.

The Federal Court has made it clear that conversion of children to Islam requires the consent of both parents, as in the landmark case of M. Indira Gandhi v Pengarah Jabatan Agama Islam Perak & Ors (2018).

It has unequivocally interpreted article 12(4) of the Federal Constitution, which states that “the religion of a person under the age of 18 shall be decided by his parent or guardian”, as requiring the consent of both parents.

In other words, our apex court, interpreting the supreme law of our land, decided that the unilateral conversion to Islam of minor children by either parent cannot be defended.

Shockingly, the actions of the Perlis mufti, its Welfare Department and related enforcement agencies continue in clear defiance of Loh’s lawful rights.

It contradicts the country’s commitment to gender equality via the Convention on the Elimination of all forms of Discrimination (Cedaw).

In 2006, the Cedaw committee concluding observation states that we must remove any inconsistency between civil and Syariah law that impede women’s rights to equality and non-discrimination. This was reiterated in its 2018 recommendations, but has been clearly disregarded by state and national institutions.

As a woman, wife and mother, Loh has suffered enough.

She experienced severe domestic violence in an abusive marriage, driving her to escape by seeking shelter. Despite being conferred full custody by the law, her children were taken away from her and converted to another religion without her knowledge and consent. She went through the nightmare of having to track them down, only to face one frustrating barrier after another upon finding them. She even offered to give up her basic right to freedom of religion by converting to Islam just to be reunited with her children.

Such is the extent of her despair and desperation brought about by a system that has repeatedly failed her.

In reality, legal rights mean nothing if they are not given effect in practice.

Despite the Federal Court’s judgment, we are still grappling with the fact that Indira has yet to be reunited with her daughter after 12 excruciating years.

How many more women, children and families have to suffer like this before we see change? JAG demands all arms of government – courts, lawmakers and especially executive bodies duty-bound by the rule of law – enforce without further delay Loh’s rights as a mother to have full custody, care and control of her children. – February 18, 2022.

* The Joint Action Group for Gender Equality is a coalition of 14 women’s rights organisations in Peninsular Malaysia, Sabah and Sarawak.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.