Indira Gandhi Mutho v. Pengarah Jabatan Agama Islam Perak & ORS: A Non-Muslim Mother's Legal Custody of Children Converted to Islam

This 2013 case is part of an ongoing legal custody battle in Malaysia between a Hindu woman, Indira Gandhi Mutho against her former husband Pathmanathan Krishnan, who converted from Hinduism to Islam in 2009. In this case, the [civil] Federal High Court ruled that the conversion certificates of Gandhi’s children to Islam should be declared null and void because Krishnan had not converted the three children aged twelve, eleven, and eleven months to Islam in accordance with the Administration of the Religion of Islam (Perak) Enactment 2004. The Federal High Court also reasoned that the applicant’s rights were upheld through international rights and standards, and articles 11 and 12(4) in the Federal Constitution. Significantly, the Federal High Court also claimed that it held jurisdiction over the syariah courts on this matter.

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