What legal precedent prevents restoring unilateral child conversions to Islam?

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The Doctrine of Stare Decisis and the M. Indira Gandhi Case Precedent

The Federal Court's adherence to the doctrine of stare decisis, specifically referencing the landmark 2018 decision in M. Indira Gandhi's case, is the primary legal precedent preventing the restoration of unilateral child conversions to Islam. This principle mandates that courts follow established legal principles and prior rulings when faced with similar factual circumstances, thereby ensuring legal certainty and consistency.
Adherence to Prior Rulings Through Stare Decisis

The Federal Court panel, chaired by Court of Appeal president Tan Sri Rohana Yusuf, explicitly cited stare decisis as the basis for dismissing the applications for leave to appeal. The court found that the issues presented in the current appeal were identical to those definitively decided in the M. Indira Gandhi case. This doctrine, meaning "to stand by things decided," compels courts to uphold the principles established in previous judgments of higher tribunals or their own prior decisions, especially when the facts are substantially the same.
The M. Indira Gandhi Case and Unilateral Conversions

The 2018 Federal Court decision in M. Indira Gandhi's case established a crucial precedent by declaring unilateral conversions of children to Islam unlawful. In interpreting the Federal Constitution, the court ruled that the consent of both parents is a prerequisite for the conversion of a child to Islam, provided both parents are alive. This ruling aimed to resolve confusion surrounding religious conversions of children from civil marriages, reaffirming the constitutional role and powers of civil courts.
Federal Court's Dismissal of Appeal Applications

Consequently, the Federal Court unanimously dismissed the applications for leave to appeal filed by the Muslim convert mother and the Federal Territories Registrar of Muslim Converts. This decision means that the Court of Appeal's earlier ruling, which favoured the Buddhist ex-husband and overturned the unilateral conversion of their two children, remains in effect. The Federal Court found that the threshold for departing from its prior decision in M. Indira Gandhi's case was not met, thereby upholding the existing legal framework on this matter.

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What legal precedent prevents restoring unilateral child conversions to Islam?

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