Justice Hayatul Akmal Abdul Aziz said MAIPs’ application was not in the best interest of the children.

“There is no reasonable or lawful justification to vary the order as there is no change in circumstances,” she said in her ruling.

The judge also revealed that she interviewed the children individually and collectively in her chambers on Sept 27, where they told her they do not intend to remain as Muslims.

“They should not be compelled to do what they don’t want and all parties must accept this,” she added.

Hayatul said the children also stated that they wanted to be with their mother.

The judge said Loh was also firm that she did not want any assistance from the religious authorities, adding that this should be respected.

“This court must act like a parent and (its decisions must) not be to the detriment of the children,” she added.

Hayatul said the children also witnessed domestic violence as their father had assaulted Loh numerous times, including on suspicion of her having an extra-marital affair.

“The children were also living in fear of their father,” she said, adding that they went through a traumatic experience after they were separated from their mother for three years.

Last year, MAIPs applied to vary the custody order to intervene in Loh’s divorce from her ex-husband Muhammad Nagahswaran Muniandy, who had converted to Islam.

On July 6, 2020, the three children were taken by Nagahswaran to Perlis, where they were converted to Islam without Loh’s consent.

On Feb 21 last year, the three siblings, who were under the care and control of preacher Nazirah Nanthakumari Abdullah, were released to Loh after the High Court allowed her habeas corpus application.

MAIPs was asking for access to the children – twin girls, aged 15, and an 11-year-old boy – once a fortnight for them to be provided religious education and to participate in religious celebrations.

They also wanted the boy to be taken to a nearby mosque every week to perform Friday prayers.

MAIPs also wanted to provide financial assistance to the children and to pay an allowance to Loh as their caretaker.

Hayatul said she was aware of Loh appeal’s on the unilateral conversion of the children before the Court of Appeal which would be heard on Oct 19.

“It is my finding that Indira Gandhi is the current legal position on unilateral conversion and will remain so until the case is revisited,” she added.

The Federal Court’s ruling in 2018 nullified the unilateral conversion of Indira’s three children.

In the case, the apex court interpreted the word “parent” in Article 12(4) to mean both parents of a child, provided they were still alive. This means any conversion would require the consent of both living parents.

On May 11, Justice Wan Ahmad Farid Wan Salleh dismissed a bid by Loh to quash the conversion of her children to Islam. The judge said the conversion certificates issued were conclusive proof of the change in their religious faith.

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