The High Court will decide on May 21 whether state laws allowing unilateral religious conversion of minors are constitutional.
KUALA LUMPUR: The High Court will deliver its decision on May 21 regarding a legal challenge against state laws permitting unilateral religious conversion of minors.
Judge Datuk Aliza Sulaiman fixed the date after hearing submissions from all parties involved in the originating summons.
The case was filed in March 2023 by M. Indira Gandhi and 13 others against the governments of six states and the Federal Territories.
The plaintiffs seek to nullify state enactments they argue are inconsistent with the Federal Constitution regarding a child’s conversion.
Counsel Rajesh Nagarajan, representing the plaintiffs, argued the defendants failed to justify laws inconsistent with Article 12(4) of the Federal Constitution.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi, for the Federal Territories, contended a 2018 Federal Court ruling in Indira’s case was not binding on the current provisions.
He stated Section 95 of the Administration of Islamic Law (Federal Territories) Act 1993 carries a strong presumption of constitutionality.
Counsel for the Federal Territory Islamic Religious Council (MAIWP), Danial Farhan Zainul Rijal, argued the plaintiffs lacked legal standing to bring the action.
He claimed they showed no genuine personal grievance, aiming instead to challenge state enactments and Syariah law abstractly.
Another MAIWP counsel, Arham Rahimy Hariri, argued the challenge was purely academic with no proven adverse effect on the plaintiffs.
The plaintiffs claim the state laws contravene Article 12(4) as interpreted in Indira’s landmark 2018 Federal Court case.
Article 12(4) states the religion of a person under 18 is decided by his parent or guardian.
The apex court ruled the word “parent” means both parents if alive, requiring mutual consent for a child’s conversion.
The plaintiffs also cite Article 75, arguing federal law prevails over inconsistent state law, rendering the enactments void.
