Shariah Court should decide on conversion of minors, Appeal Court rules
(TMI) – The Court of Appeal, in a majority ruling today, held that the validity of conversion of three children by their father could only be determined by the Shariah Court.
Judge Datuk Baliah Yusof Wahi said taking the subject-matter approach, the conversion has to be decided by the religious court.
“For this reason, we set aside the decision of the High Court,” he said.
Concurring with Balia was Datuk Dr Badariah Sahamid.
Judge Datuk Hamid Sultan Abu Bakar in his dissenting judgment said that the conversion was purely an administrative matter.
He said the conversion was done by the Registrar of Conversion but did not comply strictly with the law.
“The law states that the child must make the application and the father must consent,” he said.
Here, he said, the father made the application.
“So the entire exercise was a nullity from the beginning,” Hamid added.
