KUALA LUMPUR, Aug 24 ― The Federal Court will hear in November Hindu mother M. Indira Gandhi's final challenge against her Muslim convert ex-husband's unilateral conversion of their children to Islam.
M. Kulasegaran, her lawyer, said the apex court today fixed November 14 and 15 to hear his client's appeal.
“No confirmation whether it will be a full bench. We are asking for a full bench,” he told Malay Mail Online when contacted today.
He previously said he hoped that a full panel would hear Indira's case instead of the typical five-man panel at the Federal Court, due to the importance of the matter.
He also confirmed today that the Federal Court will consider the same three questions of law previously agreed upon.
On May 19, the Federal Court had allowed Indira to proceed with her challenge against the validity of the unilateral conversion of her three children by her Muslim convert ex-husband.
When granting leave then, the Federal Court had allowed three questions of law to be considered, namely:
― Whether the civil High Court has exclusive jurisdiction to review the actions of the Registrar of Muallafs (converts) or his delegates as public authorities exercising statutory powers vested by the Administration of the Religion of Islam (Perak) Enactment 2004;
― Whether a child of a civil marriage that has yet to turn 18 must comply with both Sections 96(1) and 106(b) of the Perak Enactment or similar provisions under other state laws before the Registrar of Muallafs may register the child’s conversion to Islam;
― Whether the mother and the father (if both are still surviving) of a child of a civil marriage must consent before a certificate of conversion to Islam can be issued in respect of that child.
Indira had applied for leave to contest the Court of Appeal’s 2-1 ruling last December, in which it said only the Shariah courts have the jurisdiction to decide on the validity of a person’s conversion.
The Court of Appeal had set aside the Ipoh High Court’s 2013 judgement, which found that the three children had not been validly converted to Islam and declared their conversion certificates null and void.
In her legal challenge against the children’s unilateral conversion, Indira had named the Perak Islamic Religious Department (JAIPk) director, the Registrar of Muallaf, the Perak state government, the Education Ministry, the government of Malaysia and Indira’s ex-husband K. Pathmanathan as respondents.
After converting to Islam on March 11, 2009, Pathmanathan — now Muhammad Riduan Abdullah — left the house almost three weeks later with their youngest child.
On April 2, 2009, he then converted all three children to Islam without their knowledge and presence, and without Indira’s consent, before going to the Shariah courts several days later to obtain custody over them.
Indira’s eldest daughter Tevi Darsiny is now an adult at 19 while her brother Karan Dinish turns 18 in October; both will be old enough to decide their own faiths. Eight-year-old Prasana Diksa’s location remains unknown after being snatched by Muhammad Riduan seven years ago.
