Judicial Trend in Relation to Unilateral Conversion of Minor Children to Islam: An Analysis of Recent Cases in Malaysia

Abstract

The issue of unilateral conversion of minor children to Islam by a converting parent without the consent of the non-converting parent continues to generate legal uncertainty in Malaysia. This doctrinal study critically examines the judicial trend reflected in recent landmark decisions of the Federal Court, particularly Indira Gandhi A/P Mutho v Pengarah Jabatan Agama Islam Perak & Ors (2018) and Pendaftar Mualaf Negeri Perlis & Ors v Loh Siew Hong and another appeal (2025). The focus is on the interpretation of Article 12(4) of the Federal Constitution, concerning parental consent, and the implications of distinguishing between ab initio cases and renunciation cases within Malaysia’s dual legal system. Through comparative analysis of decided cases between 2018 and 2025, the paper highlights judicial consistency in affirming that the consent of both parents is required for a valid conversion of minors to Islam. The paper also discusses tensions arising from divergent judicial reasoning in recent decisions such as Dahlia Dhaima bt Abdullah v. Majlis Agama Islam Selangor and another appeal (2025). Findings emphasise that while Islamic legal principles recognise unilateral parental consent in certain situations, constitutional supremacy dictates that both parents must provide consent for a conversion of minor children to be valid. The paper concludes that recent jurisprudence has strengthened legal protections for minors and supports the uniform application of constitutional principles across the states.