Both Parental Consent needed for Conversion of non-Muslim Child

On 29 January 2018, the Federal Court held that any conversion of non-Muslim children must get the consent of both parents.

Background

After a divorce with Indira Gandhi, Muhammad Riduan left his family house and his three children. On 2 April 2009, he unilaterally converted all three of his children to Islam without their knowledge and presence, and without Indira’s consent. He then went to the Shariah Court to obtain custody over the children. Indira brought the case to High Court all the way to the Federal Court to challenge the conversion of her three children into Muslims.

Federal Court Judgment

On 29 January 2018, the Federal Court unanimously held that it was unconstitutional for just one parent to convert a minor to their religion, setting aside the unilateral conversion of Indira’s three children to Islam by their father.

The court ruled that the word “parent” in Article 12(4) of the Federal Constitution should be read as “parents”, which means the religion of a person under the age of 18 shall be decided by both parents or guardians.

Hence, it was ruled that the unilateral conversion failed to comply with both sections 96(1) and 106(b) of the administration of the religion of Islam (Perak) Enactment 2004 before the registrar of muallafs to register the conversion to Islam of that child.

The Federal Court also clarified the jurisdiction of the Shariah Court that it may not exercise the inherent judicial powers of the civil courts such as the power of judicial review, and that Shariah Court is confined to the persons and subject matters listed in the state list.

Conclusion

Until this decision, the unilateral conversion of minors (children) into Muslim had left women with little recourse, as their complaints would be referred to a sharia court, where non-Muslims have no standing to make claims. This judgment is seen as a great victory for women like Indira as a greater recognition of their rights.