Malaysian Consultative Council for Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) releases a press statement on the unilateral conversion of Loh Siew Hong’s three children by the Perlis Islamic Religious Department.
17 FEBRUARY 2022
MCCBCHST STATEMENT FOLLOW THE HIGH COURT ORDER AND THE LAW
1. The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism & Taoism (MCCBCHST) is alarmed at the reluctance of the institutions and authorities to comply with the High Court Kuala Lumpur order giving sole custody over 3 children of the marriage to the mother Loh Siew Hong and ordering police to locate the children. Facts show that in July, 2020 the estranged husband of Loh Siew Hong had taken the children away and purportedly converted them to Islam. This was done without informing or getting consent of the mother Loh Siew Hong.
2. Single mother Loh Siew Hong had obtained High Court Kuala Lumpur order of divorce in March, 2021 and then spent 9 months in futile search for her children. She had lodged police reports in 3 different states and was given run around by the Police Department. This shows lack of interest by Police to act with reasonable diligence to locate the children in pursuance of the Court Order.
3. Single mother Loh Siew Hong was briefly united with her 3 children (pair of 14 year old twins and a 10 year old son) at Kangar Police Headquarters on February 14, 2022 and then placed under the care of the Perlis Welfare Department pending outcome of a habeas corpus application filed by the single mother in the High Court Kuala Lumpur. Since the single mother has been given sole custody, it is unjust to ask her to get a Court Order for release of her children. The authorities should have shown compassion and co-operated with the mother as the mother is the best person with whom the 3 children should be.
4. The Perlis Mufti Asri Zainul Abidin had visited the twin children of single Mother Loh Siew Hong on Sunday 14 February, 2022 on the same day as the mother was reunited with her children. The Perlis Mufti had then uploaded video in which he is seen spending time with Loh’s twin daughters over “Satay” and asking them if they wanted to be Muslims. Mufti is seen further telling the girls “He would work towards ensuring the girls remained Muslims”. Here the Perlis Mufti must understand that he is subject to the Constitution and the Law. The Federal Court had ruled on 29th January, 2018 that a single parent cannot convert a child of the marriage. Both parents must consent. This being the Judgment of the APEX Court in the Country, his promise to the twin girls “that he would work towards ensuring the girls remained Muslims”, is untenable and against legal position. The Perlis Mufti must understand that the Federal Constitution is the Supreme law of Malaysia and all religions are subject to it.
5. To make matters worse for himself, the Perlis Mufti yesterday (16/02/2022) uploaded a second video on the matter confirming that the State’s religious department had registered single mother Loh Siew Hong’s 3 children as Muslims without her being present, and he said “Their father brought them. We didn’t research where their mother was. Their father said he did not know where their mother was so we let them become Muslims”. This admitted facts clearly show the negligence of the Perlis Islamic Religious Department for allowing the children’s conversion without the mother’s consent. The Mufti again sadly applies the wrong principle when he said “But if the child is already ‘mumayyiz’ capable of distinguishing good from bad, they can choose to go to their non-Muslim mother or Muslim father”. This is incorrect position as sole custody over the children has been granted to the mother. Moreover, the father is unable to look after the children and is in prison for drug related offence.
6. The MCCBCHST therefore calls on the Perlis Religious Department to co-operate with the single mother and hand over custody to her of her 3 children as per High Court Kuala Lumpur Order. In view of the Federal Court decision in the case of Indra Gandhi (2018), the conversion of the 3 children will be null and void as the mother’s consent had not been obtained. The Perlis Religious Department should therefore unilaterally cancel the children’s conversion to Islam without requiring the single Mother to obtain Court order to quash the wrongful conversion of her 3 children.
Statement issued and endorsed by:
Jagir Singh Arjan Singh (President, MCCBCHST)
Daozhang Tan How Chieow (Deputy President, MCCBCHST)
Datuk RS Mohan Shan (Vice President, MCCBCHST)
Archbishop Julian Leow Beng Kim (Vice President, MCCBCHST )
Venerable Seet Lee Terk (Vice President, MCCBCHST)
RELATED STORY:
Interfaith council welcomes Malaysia’s Federal Court decision on demarcation of civil/syariah courts jurisdiction (Asia Samachar, 11 Feb 2016)
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