Indira Gandhi a/p Mutho Indira Gandhi a/p Mutho Indira Gandhi a/p Mutho v 1. Pengarah Jabatan Agama Islam Perak 2. Pendaftar Mualaf 3. Kerajaan Negeri Perak 1. Kementerian Pelajaran Malaysia 2. Kerajaan Malaysia Pathmanathan a/l Krishnan PIHAK KETIGA Majls Peguam Malaysia Parti Gerakan Rakyat Malaysia Association of Women Lawyers

01f-17-06-2016-a-01f-18-06-2016-a Federal Court (Mahkamah Persekutuan) 28 January 2018 • 01(f)-17-06/2016 (A) 01(f)-18-06/2016 (A)

Catchwords

Administrative Law — Judicial review — Order of certiorari to quash the certificates and alternatively a declaration that Certificates of conversion of three children borne out of civil marriage, were null and void — Certificates of conversion showing that the Registrar of Muallaf (‘the registrar’) had registered children as Muslims — Non-compliance of requirements for conversion to the religion of Islam — Whether the High Court has the exclusive jurisdiction to review the administrative actions of the Registrar of Muallafs or his delegate acting as public authorities in exercising statutory powers vested by the Administration of the Religion of Islam (Perak) Enactment 2004 — Whether a child of a marriage under a civil marriage who has not attained the age of eighteen years must comply with both sections 96(1) and 106(b) of the Administration of the Religion of Islam (Perak) Enactment 2004 before the Registrar of Muallafs or his delegate may register the conversion to Islam of that child — Whether the mother and the father (if both are still surviving) of a child of a civil marriage must consent before a certificate of conversion to Islam can be issued in respect of that child — Administration of the Religion of Islam (Perak) Enactment 2004 (‘the Perak Enactment’), ss 96 and 106;Courts of Judicature Act 1964 [Act 91], sections 23, 24 and 25 and the Schedule; Federal Constitution, arts 121 & 121(1A); Law Reform (Marriage and Divorce) Act 1976 [Act 164], Part VIII Protection of children; Rules of High Court 2012, Order 53 Family Law — Civil marriage — Husband converted to Islam on 11.3.2009 — They had three children — Husband obtained a custody order of the three children from the Shariah High Court — Youngest child was with the husband — Whether High Court is the Court that has jurisdiction and power to grant custody of children under civil marriage — High Court granted the wife custody of the three children — Whether a child of a civil marriage who has not attained the age of eighteen years must comply with both sections 96(1) and 106(b) of the Administration of the Religion of Islam (Perak) Enactment 2004 before the Registrar of Muallafs or his delegate may register the conversion to Islam of that child — Whether the mother and the father (if both are still surviving) of a child of a civil marriage must consent before a certificate of conversion to Islam can be issued in respect of that child — Administration of the Religion of Islam (Perak) Enactment 2004 (‘the Perak Enactment’), ss 96 and 106; Law Reform (Marriage and Divorce) Act 1976 [Act 164], Part VIII Protection of children

Practice Areas

Administrative Law Constitutional Law Family Law

Judges (5)

Abu Samah bin Nordin Coram Panglima Richard Malanjum Coram Ramly bin Haji Ali Coram Seri Zulkefli bin Ahmad Makinudin Delivered Zainun binti Ali Coram

Parties (7)

Kementerian Pelajaran Malaysia Respondent Kerajaan Malaysia Patmanathan a/l Krishnan Respondent Kerajaan Negeri Perak Respondent Majlis Peguam Malaysia Parti Gerakan Rakyat Malaysia Association of Women Lawyers Third Party Pendaftar Mualaf Respondent Pengarah Jabatan Agama Islam Perak Respondent Indira Gandhi a/p Mutho Indira Gandhi a/p Mutho Indira Gandhi a/p Mutho Appellant

Judgment

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Source: eJudgment (01f-17-06-2016-a-01f-18-06-2016-a)