Abide by court decision on Loh custody case, says Suhakam


THE Human Rights Commission of Malaysia (Suhakam) today urged all parties concerned not to challenge the High Court’s decision ordering Loh Siew Hong and her children to be reunited.

Suhakam Children’s Commissioner Noor Aziah Mohd Awal said the children have been denied the opportunity to live with their mother for three years.

“Therefore, Suhakam appeals to all parties concerned to abide by the court’s decision and allow the children to be reunited with their mother,” Noor Aziah said in a statement.

Noor Aziah was responding to the Kuala Lumpur High Court decision ordering Loh to be reunited with her three children, in compliance with an earlier ruling granting her sole custody of her children.

Justice Collin Lawrence Sequerah also quashed the illegal custody of the three children, who were held by the Welfare Department and one individual named Nazirah Nanthakumari Abdullah.

“The three children are to be released forthwith to the sole custody, care and control of the applicant (Loh),” Sequerah had ruled.

Noor Aziah said the separation of a child from his or her parents violates article 9 of the Convention on the Rights of the Child and this right must be respected and taken into consideration in the assessment of the child’s best interest.

It was also alleged Perlis religious authorities unilaterally converted the children to Islam, at the request of their father in July 2020, and Loh was unaware of the conversion as she was recovering in a domestic abuse shelter.

“The mother has been unable to gain control of her children although the court in December 2019 and March 2021 had given the mother full custody,” she said.

“In relation to the unilateral conversion, Suhakam reiterates the Federal Court’s decision in the case of M. Indira Gandhi in 2018.

“As far as children are concerned, conversion to another religion must be done with consent of both parents as provided by article 12(4) of the Federal Constitution.

“It must be emphasised that unilateral conversion contravenes the article.”

Yesterday, Perlis Mufti Mohd Asri Zainul Abidin said he will ensure Loh’s children remain Muslims, after the High Court upheld the single mother’s full custody of her children, who were converted to Islam without her consent.

Asri had reportedly said he will look into other measures to ensure the children remained Muslims.

The 14-year-old twin girls and 10-year-old boy were converted to Islam at the request of Loh’s ex-husband, who abducted the children when Loh was hospitalised three years ago.

She was granted full custody in March last year, and finally found her children at a welfare home in Perlis early last month after searching since 2019.

Despite the court order, neither police nor welfare authorities handed over the children to her.

Loh filed a habeas corpus application at the High Court on February 13, naming Hidayah Centre Foundation senior preacher Nazirah and parties holding her children as second respondents.

Asri – who was allowed to meet the three children when Loh was not – claimed they did not want to stay with their mother.

Perlis religious authorities have registered the children as Muslims without Loh being present, he added.

Loh’s lawyer, Shamsher Singh Thind, said the children’s conversion will be challenged in court, unless the registrar of converts in three states – Perlis, Kedah and Penang – can prove that the conversions were not registered. – February 22, 2022.


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