Case:

Brief Facts:

• The appellant in this case is Loh Siew Hong who married her husband, Nagahswaran a/l Muniandy, in 2008 under the Law Reform Act 1976. Loh Siew Hong was Buddhist and Nagahswaran was Hindu.
  
  
• They had three children from the marriage, two twin girls and a boy.
  
  
• Loh Siew Hong separated from her three children on 3^rd March 2019 after Nagahswaran beat her up and chased her out of their marital home.
  
  
• On 13^th December 2019, she filed for divorce in the Kuala Lumpur High Court.
  
  
• On 7^th January 2020, Loh Siew Hong obtained an interim order for sole guardianship, care and control over her three children. Despite having full knowledge of the custody order, Nagahswaran refused to hand over the children and her attempts to regain custody were unsuccessful.
  
  
• A certificate of Decree Nisi made Absolute was issued on the 22^nd September 2021, granting Loh Siew Hong sole guardianship in custody, care and control over the three children.
  
  
• However, on 7^th July 2020, an old friend of Nagahswaran brought Nagahswaran together with his three children to the office of Jabatan Hal Ehwal Agama Islam Negeri Perlis (JAIPS) because Nagahswaran wanted to convert to Islam along with his three children.
  
  
• When asked about the children’s mothers’ whereabouts, Nagahswaran stated that she had left them two years ago and her whereabouts at that material time were unknown.
  
  
• By the Perlis Administration of the Religion of Islam Enactment 2016, it only requires the consent of either the father or the mother of a minor to consent to the conversion. The second Respondent, Majlis Agama Islam dan Istiadat Melayu Perlis, was satisfied with Nagahswaran’s consent to fulfill the requirement to proceed with the conversion of the three children.
  
  
• After fulfilling their Islamic vows, Nagahswaran and his three children were converted to Islam and registered for their certificates.
  
  
• On 13^th November 2020, Nagahswaran was sentenced to imprisonment for drug related offences and his three children were placed in Islamic hostels.
  
  
• Loh Siew had to file an application in the Kuala Lumpur High Court to regain custody of her children.

THE DECISION OF HIGH COURT(HC)

• The HC dismissed the application stating that the conversion was lawful.
  
  
• The HC was of the opinion that the Certificates of Conversion issued by the Perlis Islamic body for the three children are conclusive proof they were Muslim and the conversion to Islam is valid.
  
  
• The children continued professing the religion of Islam while in the custody of Loh Siew Hong.
  
  
• Aggrieved by the decision, Loh Siew Hong appealed the decision to the Court of Appeal.

THE DECISION OF COURT OF APPEAL (COA)

• The COA allowed the appeal, stating that the conversion was unlawful and set aside the decision of HC.
  
  
• The COA was of the opinion that conversion to another religion is a significant decision that can affect the lives of children. When a decision of such significance which takes into account the best interest of the child, the consent of both parents must be sought.
  
  
• As custody had been lawfully granted to Loh Siew Hong, she should have been able to consent, as she had the right to exercise dominant influence in her children’s lives.
  
  
• To allow Nagahswaran to convert the children without her consent would amount to a serious interference with the lifestyle of the family and a violation of her rights.