Unilateral Conversion In Malaysia – Back From The Brink

INTRODUCTION

Monday, 29 January 2018, was a momentous day. On that day, the Federal Court ("FC") set aside the unilateral conversion to Islam of three children in the long-running case of Indira Gandhi a/p Mutho v Pengarah Jabatan Agama Islam Perak & Ors and other appeals [2018] 1 MLJ 545 ("FC Indira Gandhi"). In doing so, the FC reaffirmed that the jurisdiction of the civil courts was not ousted by Article 121(1A) of the Federal Constitution ("Constitution").

In terms of constitutional law as well as family law, a great deal was at stake. First, was the question of erosion of the judicial power and independence of the civil High Courts; and second, the right of a parent to determine the religion of his or her child or children.