PAS proposes amendment to give shariah courts judicial review powers


Noel Achariam

PAS’ Ulama wing has urged religious authorities in each state to look into the conditions for children to be converted to Islam so that it can take place without requiring the consent of both parents. – The Malaysian Insight file pic, February 22, 2022.

PAS has called for a constitutional amendment to empower shariah courts to conduct judicial review on cases related to Muslims.  

The party’s Ulama wing said the review is crucial, especially on matters relating to religious conversions, so that no more conflicts will occur in the future. 

“PAS urges the religious authorities in each state to look into the conditions for conversion.

“This is so that children can be converted unilaterally rather than requiring the consent of both parents, which is done in some states,” it said in a statement. 

Yesterday, the Kuala Lumpur High Court ruled that single mother Loh Siew Hong is to be reunited with her three children, upholding a previous court order granting her sole custody of her family. 

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 said.

Loh’s three children were converted to Islam without her permission.

The Ulama wing has urged parties with personal interests whether in the sphere of religion or party politics to respect the right of the children to choose Islam as their religion.

It said this is so that there is no prejudice against any party who provides assistance and welfare to the child by hurling accusations that there they have coerced the child to convert to Islam when their conversion was done with the consent of the child’s father.

It also called on the government and all parties to give priority to the welfare of Loh’s three children who have chosen Islam as their faith so that they will not be forced to renounce the religion.

“Muslims have long been patient and we do not want the religious freedom guaranteed by the Federal Constitution to flame the anger of Muslims.

“We also urge the government to establish a Religious Mediation Committee to ensure the welfare of children cared for by non-Muslim mothers or guardians.

“...(the paramount consideration is the welfare of the children) in terms of nutrition, legal education, and more importantly, that their faith is always preserved,” it said.

Yesterday, Perlis mufti Mohd Asri Zainul Abidin said he will ensure that 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 going on a search since 2019.

Despite the court order, neither the police nor the welfare authorities handed the children over 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 live 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 are not registered. – February 22, 2022.


Sign up or sign in here to comment.


Comments


  • The Constitution must be upheld, not religious bigotry. Can these religious zealots tell us when and where did the Prophet give instructions to any of His followers to ensure that Muslims do not leave Islam upon pain of death? If Islam is a religion of peace, then the Prophet could NEVER have given any such instructions to any of His followers. So where do these religious zealots get the authority from to stop anyone leaving Islam? Can they over-ride the teachings of the Prophet who said "to you yours and to me mine"?

    Posted 2 years ago by Ravinder Singh · Reply