G25 Malaysia wholeheartedly supports Loh Siew Hong in her plight to get her children back, since they were taken from her by her ex-husband and unilaterally and unlawfully converted them to Islam.

Loh, by virtue of a High Court order that she obtained in March last year, has been given sole legal custody, care and control of her three children, and they should be returned to her immediately.

Today, the High Court of Kuala Lumpur has granted her a writ of habeas corpus for the immediate release of her children from unlawful detention.

In granting the freedom of the children, Justice Collin Lawrence Sequerah reminded the parties concerned: “The court orders should not be treated with impunity.”

There should be no more debate about the definition or interpretation of the law when it comes to unilateral conversion.

This issue was settled in the Federal Court decision in 2018 in the landmark case of M. Indira Ghandi, where the Federal Court ruled that the word “parent” in article 12(4) of the Federal Constitution means both parents, that is to say both the mother and father of the child; and not just one of the parents, be it the mother or the father.

This makes any conversion of children without the consent of both parents unconstitutional and invalid.

We are encouraged to hear public support for Loh, including that of the Mufti of Penang, Wan Salim Wan Mohd Noor, who also agrees for the return of the children to their mother.

To allow this unlawful separation and conversion to continue is a travesty of justice and a violation of the constitution and the orders of the courts.

In addition, as Prof Shad Saleem Faruqi mentioned in his article concerning this issue: ‘Loh Siew Hong case: federal court decision overrides state law’ (Free Malaysia Today, February 18, 2022), in a case where one parent converts to Islam, the other does not automatically lose his or her right to an equal right and duty in relation to a child’s upbringing, education and religion, by virtue of article 8(2) of the constitution on the right to equality.

We urge the authorities to uphold the constitution and to respect and abide by the courts’ decision.

The authorities must respect Loh’s constitutional and legal rights over her children and have them rightfully returned to her.

The invalid unilateral conversions of the children must be revoked by the religious authority concerned.

We must not forget that the ones who are suffering the most are the children, who are the silent victims in this case.

They have already expressed their wish to live with their mother. Prolonging the separation any further will only add to their distress.

G25 respectfully suggests that it is high time for Attorney-General Idrus Harun, as the independent guardian of public interest, to come forward to make a public statement urging parties to obey the constitution as the supreme law of the nation, as well the decision of the Federal Court and High Court, regarding the matters at hand. – February 21, 2022.

* Press statement from G25 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.