Kuala Lumpur: The Court of Appeal has allowed the Perlis Islamic Religious and Malay Customs Council’s (MAIPs) appeal to intervene in custody proceedings taken out by Buddhist mother Loh Siew Hong over her three children who are now alleged to be Muslims.
Justice Has Zanah Mehat said MAIPs had made out a case under Order 15 Rule 6 of the Rules of Court 2012, read with Section 96 of the Law Reform Act 1976. “A reading of these two provisions would confer upon the applicant a legal right to intervene.“We will therefore allow the appeal and set aside the order of the High Court. We make no order as to costs,” said Has Zanah, who sat with Justices See Mee Chun and Nazlan Ghazali.
Earlier today, Haniff submitted to the Court of Appeal that MAIPs was an interested party because the children are Muslims under a Perlis enactment.“The minor children need religious guidance because they are Muslims,” he said. Haniff said MAIPs would also be able to provide zakat to Loh to financially support the children. However, Loh’s lawyer A Srimurugan submitted that MAIPs could not be made party in marriage and divorce proceedings involving non-Muslims.
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