• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
    • Highlights from the Appellate Courts
  • Members
    • Circulars
    • Malaysian Bar Library
    • Peer Support Network
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful Forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
    • Malaysian Bar Lifetime Achievement Award
  • Public
    • Notices
    • Compensation Fund
    • Complaints
    • Legal Aid
    • MyBar Pro Bono Hub
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • News
  • Legal and General News
  • Legal News
News
Press Statements
  • Press Statements
Speeches
  • Speeches
Bar News
  • Notices
  • News
AGMs and EGMs
  • Resolutions
In Memoriam
  • In Memoriam
Legal and General News
  • General News
  • Members' Opinions
  • Legal News
Court Judgments
  • Judgments
Highlights from the Appellate Courts
  • Highlights from the Appellate Courts
  • Go back to list
Converting children unilaterally is un–Islamic, court told in Indira Gandhi case 27 May 2015 12:00 am

©Malay Mail (Used by permission)
by IDA LIM


PUTRAJAYA, May 26 — Muslim convert Muhammad Riduan Abdullah’s conversion of his three Hindu children to Islam without obtaining their mother’s consent was invalid as it did not comply with Islamic law requirements, the Court of Appeal heard today.

The three children’s Hindu mother, M. Indira Gandhi, had in 2013 managed to get the civil Ipoh High Court to quash the unilateral religious conversion, but the Perak Islamic Religious Department (JAIPk) and other bodies appealed against the verdict.

Today, Indira’s lawyer Fahri Azzat pointed out that the conversion certificate for the estranged couple’s three children was not issued by a Registrar of Converts as required under the procedures of a Perak Islamic law.

“This so–called certificate is only issued by the Jabatan Agama Islam Perak (JAIPk)...This certificate should emanate from the Registrar, not Jabatan,” the lawyer told the court, pointing out that the April 2, 2009 document was signed by the department’s assistant director of ukhuwah (brotherhood) instead of the registrar.

Section 101 of Administration of the Religion of Islam (Perak) Enactment 2004 states that the Registrar shall furnish a certificate of conversion to each person who is registered as having converted to Islam.

Fahri also argued that the conversion had failed to meet the requirements under both Section 96 and Section 106 of the same state law, which he said must be read together as rules for those wishing to be Muslims.

Section 96 requires an individual to be aware of the meaning of the Muslim affirmation of faith when uttering it in Arabic and to do so at their own free will, while Section 106 states that a person may convert to Islam if he is of mind and is aged 18, while those under 18 have to obtain written consent from a guardian or parent.

Indira was also not given a right to be heard when the conversion took place, Fahri argued.

Despite conceding that Section 96 was not fulfilled, Perak legal adviser and JAIPk lawyer Rohana Abd Malek insisted that the children’s conversion to Islam was valid as it had allegedly fulfilled the Section 106 requirements. She claimed that the right authority to decide on religious conversion is the Shariah courts instead of the civil courts.

Fahri had earlier pointed out that the conversion was not carried out by the Shariah court, but by a public body — the Registrar — whose actions would be subject to judicial review by the civil courts.

All three children — then aged 12 years old, 11 years old, and 11 months old — were still minors when Muhammad Riduan converted them without their presence and without Indira’s knowledge.

The eldest daughter Tevi Darsiny has already turned 18 — where she can decide on her religious status — amid the protracted legal dispute, while her brother Karan Dinish is over 17 and her sister Prasana Diksa is now seven. Prasana Diksa was snatched away by Muhammad Riduan about six years ago and has since been separated from her mother.

The decision will be delivered at a later date by a Court of Appeal three–man panel headed by Datuk Balia Yusof Haji Wahi, with members Datuk Dr Hamid Sultan Abu Backer and Dr Badariah Sahamid.

Rohana and Suhaila Haron represented the JAIPk director, Perak government, Registrar of converts; while Hatim Musa acted for Muhammad Riduan. Senior Federal Counsels Shamsul Bolhassan and Khairul Fazli Kamaruddin acted for the federal government and the Education Ministry, which wanted to determine if the children should go for moral or Islamic studies. Aston Paiva and M. Kulasegaran also represented Indira today.

Muhammad Riduan had converted the three children just six days before he obtained a custody order for all three in the Shariah court on April 8, 2009.

In the long drawn–out child custody battle, Indira subsequently won full custody of her three children in the Ipoh High Court on March 11, 2010, with the same civil court issuing a recovery order in her favour. Muhammad Riduan has failed to challenge the custody order at the Federal Court.

© Copyright Reserved 2026. Malaysian Bar.
Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Terms and Conditions.

Type “Hi” to begin your chat.

Do not share confidential or sensitive information. Verify any AI-generated content independently.

Disclaimer

This pilot chatbot service only provides information for general reference. The information provided does not constitute legal or professional advice. By continuing, you acknowledge that your input will be processed by AI, and you understand that AI-generated information may be inaccurate or incomplete and should be independently verified. Do not disclose confidential or sensitive information.

The Malaysian Bar is not liable for any loss or damage arising from reliance on any of the information provided. By using this service, you accept the applicable Terms and Conditions.
 

I'm a

 
 
 
 
 

I'm a