THE Perlis Islamic Religious and Malay Customs Council’s (MAIPs) bid to gain access to three children belonging to a Hindu mother – who were unilaterally converted to Islam by their father –  has been rejected by the Kuala Lumpur High Court.

Delivering the decision, Family High Court judge Hayatul Akmal Abdul Aziz said the ruling was subsequent to the findings from interviews she had conducted with Hindu mother Loh Siew Hong’s three children last month. 

Hayatul said that all three children expressed their wishes not to be Muslims and were contended with their present circumstances, adding that the trio expressly objected to MAIP’s access to them.

“They were separated from their mother for almost three years. They are very happy going to school now and undergoing co-curricular activities.

“They told me they do not wish to be Muslim,” the judge said in her ruling.

This ruling means MAIPs is dismissed from assisting the children, including providing Islamic education. 

With the children already enduring one traumatic incident after another, the judge said the trio should not be the victims of choices made by adults for them.  

Hence, Hayatul said, a “long-drawn, unnecessary” squabble over accessibility is not in the best interest of the children. 

“They should not be made by the legal machinery to compel them to do what they do not wish to do. 

“Parties should stop denying and interfering in whatever that is left of their growing up years.

“After considering the facts and respective arguments of parties, I find no merit in MAIPs application,” she said. 

Senior lawyer Mohamed Haniff Khatri Abdullah appeared for MAIPs while J. Gunamalar represented Loh.

Last year, MAIPs applied to vary the custody order to intervene in Loh’s divorce from her ex-husband Muhammad Nagahswaran Muniandy, who had converted to Islam.

On July 6, 2020, the three children were taken by Nagahswaran to Perlis, where they were converted to Islam without her consent.

On February 21 last year, the three siblings, who were under the care and control of preacher Nazirah Nanthakumari Abdullah, were released to Loh after the High Court allowed her habeas corpus application.

MAIPs was asking for access to the children – twin girls, aged 15, and an 11-year-old boy – once a fortnight for them to be provided religious education and to participate in religious celebrations.

They also wanted the boy to be taken to a nearby mosque every week to perform Friday prayers.

MAIPS also wanted to provide financial assistance to the children and to pay an allowance to Loh as their caretaker. – October 11, 2023.