GABUNGAN Bertindak Malaysia (GBM) urges all parties to put familial love and humanity in Keluarga Malaysia before any misplaced sentiment of communal pride and allow the three children of domestic violence victim Loh Siew Hong to be returned to her with full custody, including on their faith.

GBM urges all parties to refrain from seeing this as a communal contest to determine one’s faith to the extent that both the harmonious interethnic relation and the image of Islam are undermined. Loh’s children returning to their mother does not close the door of them becoming Muslims as adults.

As Islam is a compassionate and just faith, it sees faith – hidayah (for embracing Islam) – as the absolute right of Allah, who if so wishes, then no one can prevent anyone from embracing Islam under free will.

Islam does not condone inhumane acts like Australia’s past policy (1905-1967), which took away aboriginal children to be placed under churches and government agencies to assimilate them.

Islam emphasises familial ties notwithstanding in religious differences, exampled by the Prophet Muhammad’s unwavering love for his uncle Abu Talib, who protected the Prophet from harm but remained a non-believer till his death.

GBM calls upon all parties to consider and accept the informed opinion of Prof Emeritus Shad Saleem Faruqi on the Federal Constitution, the cornerstone of the integrity of the nation, and laws on this matter, among others.

(a) A custody order from the courts is binding on all persons and any defiance of the judicial order may amount to contempt of court. Nobody is immune from this law;

(b) The Federal Constitution is the supreme law of the land and any state law that violates it can be struck down by the superior civil courts; and,

(c) The 2018 M. Indira Gandhi Federal Court decision is binding authority for the proposition that unilateral conversion of minors to another religion without the consent of both parents is unconstitutional.

GBM expresses total sympathy with Loh, who suffered physical abuse by her ex-husband Nagahswaran Muniandy. It urges all parties to consider these facts when forming their opinion on the issue.

(a) Deprived of financial support beyond rental utilities by Nagahswaran, Loh had to work to support her family since 2014, when her youngest son was 3 years old.

(b) From 2017, Nagahswaran started to take crystal methamphetamine (ice), became abusive and jealous, and allegedly had an affair.

(c) Between 2017 and 2019, Loh was severely assaulted twice. In the first assault, he broke her arms and legs. She was in casts for six months and placed in an old folk home for a month by the Welfare Department. He was released on a RM10,000 bail. In the second assault, he hit her head with a hammer and broke her legs again. She was hospitalised and received 27 stitches on her head.

(d) After the second assault, Loh sought refuge at the Women’s Centre for Change in Penang, and eventually found a job as chef in Genting Highlands.

(e) In July 2019, she obtained interim custody of her children and filed for divorce. Nagahswaran was sentenced to two years’ jail over a drug-related offence in Kelantan.

(f) Loh could not find her children until recently, when she discovered her twin daughters, 14, at an Islamic non-governmental organisation and her son, 10, at a tahfiz centre in Penang. All three were converted to Islam without her knowledge and consent. Her search for them was made difficult by the travel restrictions under the movement control order.

GBM calls upon all Malaysians, regardless of ethnic, cultural, political and religious background, to come together to defend mothers and children suffering from domestic violence, and refrain from framing human suffering from communal angles for socio-political mileage.

In particular, Prime Minister Ismail Sabri Yaakob’s Keluarga Malaysia government must give 100% commitment to support families, parents and children.

GBM registers its confidence that Malaysians can find a just and reasonable solution on the plight of Loh and her children. Muslims should not buy into fear mongering that non-Muslims are out to reduce the number of Muslims.

Lest we forget, Malaysia never runs short of heartening stories of Malay children raised as Muslims by their non-Muslim adopted parents, including retired kindergarten teacher Connie Wong, who raised at least four Muslims kids in the past 20 years, in Kota Kinabalu; retired businessman Lim Peng Chik, who raised four Malay teens as his own in Ipoh; and, most recently, retired kindergarten teacher Chee Hoi Lam, who raised Malay-Muslim Rohana Abdullah.

GBM urges Malaysians to see that we are made into different ethnicities and faiths, when God could have made us homogenous if He so wishes, so that we recognise and love each other.

Let us not let our differences separate us or aim to eliminate the diversity out of fear. – February 21, 2022.

* Gabungan Bertindak Malaysia is a coalition of more than 20 non-governmental organisations that aims to shape a better Malaysia.

* 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.