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Housewife S. Shamala, who is fighting with her Muslim convert husband over the custody of their children, has applied to the Federal Court for a nine-member bench to hear their dispute.
Her lawyer Ravi Nekko wrote to the chief registrar of the apex court today to request a larger panel as the issue was of public interest and constitutional importance.

Ravi said he had also requested the court to bring forward the hearing date due to the urgency of the matter.

Last Friday, the Federal Court registry notified the parties that the matter was scheduled for hearing on Aug 13.

The Federal Court's decision would be crucial as it will help clarify the legal position of couples when one converts.
Five constitutional questions will be deliberated. They are:
* the validity of the conversion;
* the conflict between syariah and civil laws governing conversion and family matters;
* whether the Administration of Islamic Law (Federal Territories) Act 1993 runs contrary to the Federal Constitution when a parent converts a minor;
* whether the High Court or the Syariah Court has the authority to make conflicting orders; and
* where would the non-Muslim parent seek remedy when the Muslim spouse had converted their child from a civil marriage.

Shamala married Dr Jeyaganesh in 1998 under the civil law but in 2002 he embraced Islam and took the name Muhammad Ridzwan Mogarajah.

He then converted their sons Saktiwaran and Theiviswaran, now aged 9 and 8.

The couple are also embroiled in a custody battle as the syariah court granted custody of their two children to Dr Jeyaganesh while the High Court granted a similar order to Shamala.

However, Shamala, 37, was not allowed to teach the boys her religious beliefs or to consume pork.

Despite access being granted to Dr Jeyaganesh, 41, by the High Court in 2004, he claimed that he had not seen his two boys for the past five years.