Why is Indira Gandhi unlikely to find relief at the Shariah Court?

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Indira Gandhi is unlikely to find relief at the Shariah Court due to its specific religious mandate and legal standing.

M. Indira Gandhi is unlikely to find relief at the Shariah Court concerning the unilateral conversion of her children to Islam. The Shariah Court, as a religious court, is primarily tasked with upholding Islamic principles and serving the interests of its adherents, which legally empowers it to decline hearing cases outside its defined scope or those not aligning with its mandate. This inherent characteristic of the Shariah Court's jurisdiction makes it improbable that Indira's plea, as a non-Muslim, would be entertained.
The Shariah Court's Mandate and Legal Discretion

The Shariah Court operates within a framework designed to administer Islamic law and protect the interests of Muslims. This religious and legal remit means the court possesses the discretion not to engage with matters deemed outside its purview. In Indira's case, the Shariah Court has the legal right to choose not to entertain her plea, as it is not obligated to act on behalf of non-Muslims or cases that it considers to be solely within the domain of civil jurisdiction.
Court of Appeal's Ruling on Jurisdiction

The Court of Appeal, in a 2-1 decision, has affirmed that civil courts lack jurisdiction over the Islamic matter of conversion. This ruling designates such issues as the exclusive purview of the Shariah courts. However, this does not necessarily translate to the Shariah Court being obligated to provide relief to Indira, as its primary function remains the administration of Islamic law for Muslims.
Historical Context of the Conversion Dispute

The dispute stems from Indira's ex-husband, Muhammad Riduan Abdullah, unilaterally converting their three children to Islam in 2009. This conversion occurred without the children's presence or Indira's knowledge, shortly before the ex-husband obtained a custody order from the Shariah Court. The youngest child, Prasana Diksa, has been kept away from Indira for approximately six years since being taken by the ex-husband.
Proposed Constitutional Amendment

During his tenure as de facto law minister, Datuk Zaid Ibrahim had initiated efforts to address such unilateral conversions. A constitutional amendment was proposed to mandate that the conversion of minors to Islam requires the agreement of both parents. This indicates a recognition of the complexities and potential injustices arising from such situations, though the amendment's status or effectiveness in Indira's specific case is not detailed.

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Why is Indira Gandhi unlikely to find relief at the Shariah Court?

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