The Perlis Islamic Religious and Malay Customs Council (MAIPs) has had their application to provide Islamic education to three child converts dismissed by the High Court in Kuala Lumpur on Wednesday (Oct 11). The children are currently under the care of their non-Muslim biological mother, Loh Siew Hong. Judge Hayatul Akmal Abdul Aziz stated that the court found no merit in MAIPs’ application, saying “MAIPs has failed to establish its case in its application. There is no lawful or reasonable justification for it…After considering all facts and arguments, I find no merit in MAIPs’ application and dismiss the application. No order as to costs.”
The judge emphasized that a prolonged dispute over access was not in the best interest of the children, particularly given the traumatic experiences they had already endured. She stated, “Parties must accept this situation. Stop denying and interfering in whatever is left in their growing up years and respect them as mature children. The children should not be made by legal machinery to compel them to do what they do not want to do.”
MAIPs had sought a variation order to take on responsibilities for the children, which included facilitating their attendance at Friday prayers and participating in Islamic holidays at a nearby mosque. The order also involved providing zakat assistance and supporting their living expenses, education, essential needs, and welfare.
In February, the Court of Appeal allowed MAIPs to be the second respondent in the divorce petition filed by Loh Siew Hong’s former husband, Muhammad Nagahswaran Muniandy, involving the custody of their three children. Ultimately, Loh was granted sole custody and guardianship over the 15-year-old twin girls and 12-year-old boy.
Judge Hayatul Akmal further stated that the welfare and interest of the children would not be served by granting MAIPs access to them for Islamic education twice a week. During an interview session on September 27, the children expressed their desire to stay with their mother and revealed their fear of their father, who was involved in drugs and had abused their mother. They also expressed their lack of interest in remaining as Muslims.
MAIPs was represented by lawyer Mohamed Haniff Khatri Abdulla, while Loh was represented by counsel J. Gunamalar. – Bernama
Credit: The Star : News Feed
