Loh Siew Hong (right) and her lawyer, J. Gunamalar, at the Kuala Lumpur High Court Complex September 27, 2023. – Malay Mail photo
KUALA LUMPUR (Sept 27): High Court judge Hayatul Akmal Abdul Aziz will be interviewing Hindu mother Loh Siew Hong’s three children — who were unilaterally converted to Islam by their father without their consent — as part of court proceedings on the Perlis Islamic Religious and Malay Customs Council’s (MAIPs) bid to give Islamic education to the children.
Today, the High Court heard MAIPs’s application to vary or make changes to a custody order — which granted Loh full custody over the three children in her divorce with the Hindu-turned-Muslim ex-husband — in order to secure access to the children for purposes such as giving them Islamic lessons and bring them to the mosques for Islamic celebrations.
But early on during the hearing, the judge said it would be better for her to speak to the children, who had in the past been interviewed by another High Court judge.
“To my mind, I think it’s better for me to interview the children again, because this is after all about them,” the judge said, adding that she will interview the children this afternoon.
“The purpose I would like to interview, I was a family court judge before for quite a number of years, I make it a practice — maybe not for all files — to interview the children,” she later said.
Lawyer Mohamed Haniff Khatri Abdulla, who was representing MAIPs, said his client has no issue with the judge interviewing the children as it would be fair for the judge to get a full picture.
Loh’s lawyer J. Gunamalar also said she had also thought of inviting the judge to interview the children.
The judge then proceeded to hear arguments from lawyers on MAIPs’ application, before saying she will interview the children first and may hear further arguments from lawyers for all parties after that.
The three children are twin girls who will be turning 15 this year and a boy aged 12.
Loh is still challenging the validity and legality of the three children’s conversion to Islam, and the Court of Appeal is set to hear her appeal on this matter on October 19.
On February 17, MAIPs applied to vary the custody order, by asking to add on court orders, including for MAIPs to be granted supervised access once every two weeks to provide guidance and basic Islamic education to the three children.
In the same application, MAIPs also wants to be given access to bring the son for Friday prayers every week to any mosque located not more than 10km from the house of Loh and her three children.
In the application, MAIPs also wants to be given access to bring the three children to celebrate major Islamic occasions — Aidil Fitri and Aidil Adha — at any mosque, surau or government venue not more than 10km from their house.
Also in the same application to vary the custody order, MAIPs wants to be given access to provide financial aid to the three children who are in the category of asnaf or those eligible to receive aid from Islamic alms; provide education aid such as books, pens, computer to the three children; provide financial aid to the mother who is now the sole guardian as wages or for livelihood over her efforts and responsibility to raise and care for the three children; and to help Loh in buying food and drinks that is good and halal (or permissible to consume in Islam) for the three children.
MAIPs also wants to be given access once every three months to supervise and provide guidance to Loh to raise her three children in a conducive environment according to Islam, including but not limited to eating halal food, and access to go into their house for not more than an hour for each session.
In the hearing today, MAIPs’ arguments were based on their stance that the three children’s official status remains as Muslims, while Loh’s arguments are based on her stance that her three children’s conversion to Islam was invalid in the first place.
Loh was also represented by lawyer Thian Yee Chin.
MAIPs was also represented today by lawyers Datuk Zainul Rijal Abu Bakar, Aidil Khalid, Danial Farhan Zainul Rijal, and Ali Huzaifah Sharif Ahmed.
Lawyers Malcolm Fernandez and Vhimall Murugesan held a watching brief for the ex-husband Muhammad Nagahswaran Muniandy. – Malay Mail