Pendaftar Muallaf Wilayah Persekutuan 1. Lee Chang Yong 2. Ketua Pengarah Jabatan Agama Islam Wilayah Persekutuan 3. Ketua Pengarah Kementerian Pelajaran Malaysia 4. Kerajaan Malaysia (Jabatan Peguam Negara)

Pendaftar Muallaf Wilayah Persekutuan 1. Lee Chang Yong 2. Ketua Pengarah Jabatan Agama Islam Wilayah Persekutuan 3. Ketua Pengarah Kementerian Pelajaran Malaysia 4. Kerajaan Malaysia (Jabatan Peguam Negara)

The Court of Appeal held that it is bound by the Federal Court in Indira Ghandi which determined that if both parents are still surviving, both their consent are required before a Certificate of Conversion to Islam can be issued for minor children; accordingly the conversions and registrations effected without the father's consent were quashed and cancellation ordered.

Citation
W-01(A)-658-11/2018 & W-01(A)-659-11/2018 (Mahkamah Rayuan)
Parties
Appellant (w 01(a) 658 11/2018): Pendaftar Muallaf Wilayah Persekutuan; Appellant (w 01(a) 659 11/2018): Teng Wai Yee (also known as Aleena Abdullah); 1st Respondent: Lee Chang Yong; 2nd Respondent: Ketua Pengarah Jabatan Agama Islam; 3rd Respondent: Ketua Pengarah Kementerian Pelajaran Malaysia; 4th Respondent: Kerajaan Malaysia; Watching Brief: Bar Council Malaysia
Court
A
Jurisdiction
Malaysia
Judgment Date
27 October 2021
Case Number
W-01(A)-658-11/2018 & W-01(A)-659-11/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) Arising From Judicial Review / Judgment (appeal Hearing Concluded)
Outcome
Both appeals dismissed by the Court of Appeal
Legal Topics
Conversion to Islam, Parental Consent, Judicial Review, Stare Decisis, Certiorari, Mandamus
Source Language
Malay/English
Constitutional Law Family Law Religious Law Administrative Law Civil Procedure Conversion to Islam Parental Consent Judicial Review +3 more

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Parties

Pendaftar Muallaf Wilayah Persekutuan

Appellant (w 01(a) 658 11/2018)

Teng Wai Yee (also known as Aleena Abdullah)

Appellant (w 01(a) 659 11/2018)

Lee Chang Yong

1st Respondent

Ketua Pengarah Jabatan Agama Islam

2nd Respondent

Ketua Pengarah Kementerian Pelajaran Malaysia

3rd Respondent

Kerajaan Malaysia

4th Respondent

Bar Council Malaysia

Watching Brief

Procedural Posture

Civil Appeal (court of Appeal) Arising From Judicial Review / Judgment (appeal Hearing Concluded)

Legal Issues

  1. 1 Whether consent of both surviving parents is required before issuing a Certificate of Conversion to Islam for minor children
  2. 2 Whether unilateral conversion and registration of minors without the other parent's consent is justiciable and subject to judicial review
  3. 3 Whether the Federal Court decision in Indira Ghandi is binding on lower courts and constitutes ratio decidendi

Ratio Decidendi

The Court of Appeal held that it is bound by the Federal Court in Indira Ghandi which determined that if both parents are still surviving, both their consent are required before a Certificate of Conversion to Islam can be issued for minor children; accordingly the conversions and registrations effected without the father's consent were quashed and cancellation ordered.

Court Disposition

Both appeals dismissed by the Court of Appeal

Orders

  • Both appeals dismissed with no order as to costs
  • Order of certiorari quashing the conversion of the two children to Islam and quashing the Certificates of Conversion to Islam dated 11.5.2016 affirmed