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2018 MarsdenLR 3081

FEDERAL COURT PUTRAJAYA
INDIRA GANDHI MUTHO – Appellant
Versus
PENGARAH JABATAN AGAMA ISLAM PERAK & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:M Kula Segaran,K Shanmuga,Fahri Azzat,Aston Paiva,N Selvam,S Kiattilin,Surendra Ananth ,Respondent Advocate: Rohana Abd Malek,Suhaila Haron

Table of Content
1. the nature of religious conversion requires careful legal consideration. (Para 1 , 2 , 3 , 4 , 5)
2. parental consent is required for the religious conversion of minor children. (Para 14 , 117 , 118)
3. judicial powers are fundamental and cannot be ousted by administrative decisions. (Para 86 , 90 , 122)
4. jurisdiction of the high court to review conversion actions is confirmed. (Para 107 , 108)
5. consent from both parents is essential for the conversion of minors. (Para 137 , 153 , 162)
6. conversion certificates issued without proper legal process are void. (Para 181 , 185)

[1] The often misunderstood concept of Islamisation surrounding the issue of religious conversion of young children into the Islamic faith makes articulation of this issue important.

Background Of The Appeals

[2] There are three appeals before this court. They are:

i. Civil Appeal No: 01(f)-17-06-2016 (A) (Appeal No 17)

ii. Civil Appeal No: 01(f)-18-06-2016 (A) (Appeal No 18)

iii. Civil Appeal No: 01(f)-19-06-2016 (A) (Appeal No 19)

[3] The appellant in the appeals, Indira Gandhi a/p Mutho is appealing against the decision of the court of Appeal dated 30 November 2015 allowing the appeals filed by the

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