The ruling has resulted in the restoration of the children’s original Hindu faith as shown on their birth certificate. Speaking on behalf of fellow bench members Hashim Hamzah and Azhahari Kamal Ramli, Hadhariah ruled that unilateral conversion is unlawful if it does not get the consent of both parents. Loh's former husband Muhammad Nagahswaran Muniandy, who converted to Islam, had converted the children without her consent in 2020.

The judge said that the Kuala Lumpur High Court - which on May 11 last year dismissed Loh's judicial review to nullify her children's conversion - had erred because it did not consider two critical issues.

One issue was whether the unilateral conversion was lawful and second whether a Perlis state enactment - namely Section 117(b) of the state’s Administration of the Religion of Islam Enactment 2006 which permits only the permission of one parent to convert a child to Islam - was invalid for contravening the Federal Constitution. "The failure of the High Court to answer these two issues is a clear misdirection that amounted to an error of law," Hadhariah said. 

Mother did not consent

She said that the judiciary is bound by the 2018 landmark decision involving the unilateral Islamic conversion of kindergarten teacher M Indira Gandhi’s children. In that apex court verdict, it was ruled that the consent of both parents is required for the lawful conversion of the couple’s children, per article 12(4) of the Federal Constitution.

Article 12(4) states the “parent or guardian” shall determine a child's religion below 18 years of age. The apex court in the Indira case ruled that the word “parent” in that provision shall be interpreted as both parents, and that the English version of the Federal Constitution is the authoritative text.

“It is not disputed that the appellant mother did not consent to the children’s conversion to Islam,” Hadhariah said about Nagahswaran, 36, not seeking permission from Loh (above), 36. To a contention by the Perlis state and its religious authorities that the Indira apex court ruling was invalid for failing to consider the claim that it is the Bahasa Malaysia version of the Federal Constitution that is actually authoritative, Hadhariah ruled there is no merit in this contention.

She said the state authorities failed to adduce evidence to show that the Yang di-Pertuan Agong had officially prescribed the Bahasa Malaysia version of the Federal Constitution as the authoritative text.  “We consequently allow the judicial review for prayers (a) to (i), and we make no order as to costs,” Hadhariah said as Loh looked on from the public gallery.

Among the prayers allowed by the Appellate Court today is for a declaration that the three children are followers of Hinduism, and for an order of certiorari striking down the unilateral conversion perpetrated on July 7, 2020.

Maips seeks to appeal

When met by the media after the proceedings, lawyer Mohamed Haniff Khatri Abdulla said that the Perlis Islamic Religious and Malay Customs Council (Maips) would be applying for leave to appeal to the Federal Court. Haniff is acting for Maips, who is one of the four respondents targeted by Loh's appeal.

Perlis state legal adviser Mohd Radhi Abas is acting for the remaining three respondents, namely state Mufti Mohd Asri Zainul Abidin, the state mualaf (new Islamic converts) registrar, and the state government. Loh and Nagahswaran entered a civil marriage in 2008, but their marriage broke down over allegation of domestic violence that saw her hospitalised. She filed for divorce in December 2019.

However, while she was recuperating from her injuries in a hospital, it was reported the father took the three children away and converted them on July 7, 2020. In March 2021, Loh was granted sole custody, care, and control over the children, and legally divorced in September the same year.

In February 2022, Loh’s children - who were under the care of the Social Welfare Department - were released to their mother after the Kuala Lumpur High Court allowed her habeas corpus application.

Me : This is another reason, the statement by Beruas MP Datuk Ngeh Koo Ham to have a non-Muslim legal expert to be part of the special committee studying the functions of the Syariah Court

Dr Suresh Kumar : This is one of the reasons why Ngeh's statement is crucial to protect the rights of the non Malays in accordance with our Federal Constitution, but look what the barbarians had done to his house and properties. Thanks to the judges, there is still some light at the end of the tunnel.

The family now resides in the Klang Valley.