The unilateral conversion of minors to Islam by one parent is lawful under amended provisions, provided it complies with statutory requirements, and both parents' consent is not constitutionally mandated.

The Factual Background

[1] The factual background that led to this application for judicial review can be summarised as follows.

[2] The applicant was married to one Nagahswaran Muniandy ("Nagahswaran") on 25 May 2008. The marriage was solemnised under the Law Reform (Marriage and Divorce) Act 1976 at the office of Persatuan Penganut Dewa Sri Maha Mariamman, Kuala Muda, Kedah.

[3] The marriage was blessed with two twin daughters, SA and SI, who were born on 7 November 2008 and a son, TM, who was born on 26 May 2011 ("the three children").

[4] According to the applicant, she professes the Hindu-Buddha religion.

[5] In para 5(5) of her affidavit in support of this application in Encl 3 ("AIS- 3"), the applicant affirmed that at all material times, the three children profess the religion of Hindu and never converted to Islam. In any event, the conversion to Islam, if at all, was without her consent as their mother. It states as follows:

Ketiga-tiga anak saya, sejak lahir hingga sekarang, ialah penganut-penganut agama Hindu. Mereka tidak pernah memeluk agama Islam, dan, walau apa pun, mereka tidak mempunyai keupayaan untuk memeluk agama Islam tanpa keizinan saya.

[6] Nagahswaran converted to Islam on 7 July 2020. He registered his conversion at the Islamic Religious Affairs Department, Perlis ("JAIPs"). According to Nagahswaran in his affidavit in Encl 21 ("AIR-21"), which was filed by the Perlis State Legal Advisor's office on behalf of the 1st, 3rd and 4th respondents, he was persuaded to convert to Islam by his three children, which he agreed, after discussing with his friend, one Abdul Khadir. It was Abdul Khadir who brought him and the three children to JAIPs on 7 July 2020.

[7] In the meantime, Nagahswaran was detained at the Pusat Pemulihan Akhlak Machang under the Dangerous Drugs (Special Preventive Measures) Act 1985 on 21 September 2020. He was, however, released pursuant to an order made by the Federal Court dated 7 September 2022.

[8] The applicant and Nagahswaran were divorced pursuant to a Kuala Lumpur High Court order dated 23 September 2021. The High Court order inter alia states as follows:

... MAKA ADALAH DENGAN INI DIPERAKUI bahawa Dekri tersebut telah pada 22 September 2021 dijadikan muktamad dan mutlak dan bahawa perkahwinan tersebut adalah dengan ini dibubarkan.

[9] The applicant, through her solicitors, sought clarification from 1st respondent, the Registrar of Mualafs, Perlis, on the status of the alleged conversion to Islam of the three children since it was made without the applicant's consent as their lawful mother.

[10] The 2nd respondent replied through a letter dated 18 February 2022, which was sent through an email dated 4 March 2022 ("the impugned email") confirming that the conversion of the three children was made with the consent of their lawful father, Nagahswaran. The 2nd respondent quoted s 117(b) of the Perlis Administration of the Religion of Islam Enactment 2006 ("the Perlis 2006 Enactment"). According to the letter, the Perlis Administration of the Religion of Islam (Amendment) Enactment 2016 ("the 2016 Amendment") allows unilateral consent of either a mother or father for the conversion of children under 18 years old to Islam.

[11] The letter (and the impugned email) also reaffirmed the 1st and 2nd respondents' position that all the necessary procedures were adhered to and that the conversion of the three children was consented to by Nagahswaran. Th