Malay court to decide on custody of ethnic Indian kids

Malaysia's top court will decide the validity of the 'conversion' of two children to Islam, by their converted ethnic Indian Muslim father locked in a bitter custody row with his Hindu wife.

S Shamala, the ethnic Indian Hindu woman who is fighting with her Muslim convert husband over the custody of their children, applied to Malaysia's Federal Court to hear their dispute.

Her lawyer Ravi Nekko said she has requested for a nine-member panel as the issue was of public interest and constitutional importance.

The Federal Court's decision would be crucial as it will help clarify the legal position of couples when one partner converts.

The five constitutional questions that will be deliberated by the court include the validity of the conversion; the conflict between shariah and civil laws governing conversion and family matters and whether the Administration of Islamic Law Act runs contrary to the Federal Constitution when a parent converts a minor.

It will also decide whether the High Court or the Shariah Court has the authority to make conflicting orders; and where would the non-Muslim parent seek remedy when the
Muslim spouse had converted their child from a civil marriage.