KL Islamic council wants to intervene in unilateral conversion suit

KL Islamic council wants to intervene in unilateral conversion suit

This is the second application after an earlier one filed by the Kuala Lumpur shariah bar council.

In 2018, one of the plaintiffs in the suit, M Indira Gandhi, successfully got the Federal Court to strike down the conversion of her three children by her husband.
KUALA LUMPUR:
The Federal Territory Islamic Religious Council (MAIWP) has filed an application to join as a party in a lawsuit by 14 plaintiffs seeking to declare state laws allowing the unilateral conversion of non-Muslim children into the Islamic faith illegal.

Rajesh Nagarajan, who is representing the plaintiffs, said they were served with the cause papers yesterday.

MAIWP, which filed the application last week, wants to intervene as the plaintiffs are also challenging the validity of Section 95 of the Administration of Islamic Law (Federal Territories) Act 1993.

“We will oppose the application to intervene as instructed by our clients,” Rajesh told FMT.

Earlier, the Kuala Lumpur shariah bar council also applied to be made a party. The plaintiffs are also opposing that application.

Rajesh said the suit, which was earlier filed in the civil division of the High Court here, has been transferred to the court’s appellate and special powers division.

“We were instructed by a deputy registrar to make the transfer application last month,” he said, adding that the order was granted by judicial commissioner Roz Mawar Rozain during a case management yesterday.

Rajesh said both the suit and the plaintiffs’ application to cite five officers of the Kota Tinggi Islamic department for contempt of court had been fixed for case management on May 17.

The ex parte application, filed in mid-April, claimed the officers had harassed Aisyah, one of the plaintiffs, after news about the case went public in March.

Aisyah lodged a police report alleging harassment by the officers soon after the incident, on March 29.

Earlier, on March 3, the plaintiffs filed a legal challenge against seven state governments and the federal government to nullify state laws allowing the conversion of children to Islam without the consent of both parents.

The plaintiffs include Hindu mother M Indira Gandhi who, on Jan 29, 2018, successfully got the Federal Court to nullify the unilateral conversion of her three children by ex-husband Muhammad Riduan Abdullah.

The other plaintiffs are former chairman of the Malaysia Hindu Sangam S Mohan and Arun Dorasamy of Hindu Agamam Ani. Arun is also the chairman of the Indira Gandhi action team.

The remaining plaintiffs are individuals who reside in Perlis, Kedah, Melaka, Negeri Sembilan, Pahang, Perak, Johor and Kuala Lumpur.

They have named the state governments of Perlis, Kedah, Melaka, Negeri Sembilan, Pahang, Perak, Johor and the federal government as defendants.

The plaintiffs are seeking a declaration that unilateral conversions are unconstitutional and in breach of Article 12(4) of the Federal Constitution.

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