KUALA LUMPUR – The high court here today has dismissed a bid by the Perlis Islamic Religious and Malay Customs Council (MAIPs) to vary the custody order over Loh Siew Hong’s three Muslim children, who were unilaterally converted in 2019.
High court judge Hayatul Akmal Abdul Aziz, in delivering her judgment for more than 45 minutes today, said she found MAIPs failed to establish its case in its application, and ruled that it did not have lawful or reasonable justification.
She added that, given the traumatic experiences endured by the children – 15-year-old girl twins and a 12-year-old boy – a “long-drawn, unnecessary” squabble over access is not in their best interest.
Her decision, she said, is guided by the interviews she had with the children, together and separately, on September 27.
“I interviewed the children together at first and separately to ascertain their state of mind. They are of age 12 to 15 years old, and able to express their opinions on the predicament they faced and are facing.
“In the present case, it cannot be denied that the children’s lives were filled with horrors of domestic violence from 2017 to 2019.
“They told me that they know about MAIPs’ bid for access, to which they expressly objected. They do not want MAIPs to have access.
“They are now very happy. They go to school and they told me that they wish to concentrate and do well in their studies. They (also) told me that they do not want to be Muslims.
“Enough is enough, (it is time to) end their struggles that they have faced for the last 18 months. The law is not omnipotent. There are situations in which the court has to accept.”
She also ordered no cost to the dismissal today.
Hayatul, before reading out her judgment, said she is aware that Loh’s appeal on her children’s unilateral conversion will be heard in the Court of Appeal on October 19.
She added that the Indira Gandhi case is the current legal position on unilateral conversion and will remain so until the case is revisited. In 2018, the Federal Court nullified the unilateral conversion of Indira’s three children, and that any conversion would require the consent of both living parents.
Loh, who was present during today’s decision, could not hold her tears back throughout the proceeding. She was represented by lawyer J. Gunamalar while MAIPs was represented by Mohamed Haniff Khatri Abdulla.
MAIPs had filed the application on March 7 last year to assume religious responsibilities over the children, including facilitating their attendance at Friday prayers, providing zakat assistance and supporting their expenses involving education, essential needs and welfare.
Teary-eyed Loh, when met outside court, said she was relieved by the court’s decision today and hoped for no more interference from any parties apart from the current court cases she is facing.
“I just want to live happily with my kids, and to focus on their studies, and not on the court cases. Please…enough. That is all I’m asking for.” – October 11, 2023