Some facts gleaned from newspapers (the facts may change as more details are revealed):

• Madam M Nagamah passed away on 14 August 2012 at Sg Bakap Hospital. She was 64 years at the time of passing. She was from Byram Estate, Nibong Tebal.
• Eldest son of the deceased is M Kamasantheran, aged 46 [ meaning he was born when she was 18 years old].
• Her body was taken back to home by the family for funeral preparation.
• JAIPP officers came for the body, saying she was a convert. No documents were provided.
• Family refused to give in. And the officers left [how ridiculous does this sound? You’d think that a such a serious matter would involve some documentation or proof]
• Family proceeded with funeral (cremation) at Batu Berapit Crematorium.
• JAIPP officers went to crematorium and took the ashes of the deceased. Family got to know about it from the crematorium staff.
• According to Penang state Islamic Religious Affairs Committee chairman Datuk Abdul Malik Abul Kassim, the deceased had converted to Islam in November 2006 [Meaning she was aged about 58 at that time].  He said that  initial investigations as reported to him by JAIPP and the state Mufti Department showed that the 64-year-old had converted at the South Seberang Perai (SPS) Islamic Religious Department with registration number 11/06. The conversion was overseen by Ustaz Anuar Ismail.
• Her name was registered as Nagamah @ Mariah Abdullah when she converted after marrying one Ibrahim Noyan and had nine children who were registered as Muslims by the National Registration Department.
• Since both family and JAIPP had made police report, the EXCO said will leave it to police investigation.
•  The family insists that the deceased has been a practising Hindu all this while and there’s not mention about her converting.
• Family wants ashes back to conduct funeral rites on 14th day.

sources:

http://www.thesundaily.my/news/469470

http://www.thesundaily.my/news/470546

http://www.freemalaysiakini2.com/?p=43085

http://www.malaysiakini.com/news/206890

http://www.freemalaysiatoday.com/category/opinion/2012/08/20/no-dignity-in-life-or-in-death/

http://www.malaysiakini.com/news/206819

http://www.mmail.com.my/story/nagamah-muslim-says-department-27661

If one does a search, can find documents back in 2007 related to the husband Ibrahim Noyan. Below are the facts from 2007:

• 10 siblings (5 men and 5 women) were seeking to change their religion from Islam to Hindu. These 10 people were born to Ibrahim Noyan and M.Nagamah.  The 10 of them grew up as Hindus and even got married to Hindus.
• On Feb 16 2007, the 10, all of them with Muslim names and listed as Muslims on their MyKad, submitted individual sworn declarations at the magistrate’s court in Jawi, South Seberang Prai, claiming that they had been practising Hinduism since birth and prayed at Hindu temples.
• In their declaration, they said that they wanted to change the status of their religion from Islam to Hindu.
• They also said they were married to Hindus – although none of them had their marriages registered – and took part in Hindu celebrations, including Thaipusam. Their children were also given Hindu names.
• Their plight was highlighted at Bukit Mertajam MP Chong Eng’s service centre on that day.[ So she should be aware of this case by now as back then she “hoped that the authorities can settle this issue“].
• Their father, Ibrahim Noyah, 67, said he first married a Muslim woman known only as Sabariah but she died in 1958. He then married M. Nagamah but did not require her to convert. “Nagamah was my neighbour and I fell in love with her when she took care of me after my wife passed away,” he said.
• Ibrahim Noyan is visually impaired since 3 years old and Nagamah took care of him after his first wife died.
• Ibrahim and Nagamah, 60, have 10 children and 30 grandchildren. Three of the grandchildren do not have birth certificates, while some have only one parent’s name in their birth certificates.
• V. Rathiga, 27, an athlete married to Ibrahim’s son, Kamis, 27, said she left out Kamis’ name in the birth certificates of their daughters – three-year-old Prami and one-year-old Sakti – as Kamis wanted them to be recognised as Hindus. [that’s one solution! if the law hinders, then find a workaround.]
• While the 10 children wanted to be Hindus, the parents didn’t (meaning Ibrahim and Nagamah). According to Ibrahim he was still a Muslim and that his wife M. Nagamah had converted to Islam in 2005 and assumed the name Mariah Abdullah.
• “I know my children and my grandchildren are facing problems with their identity cards and I don’t mind if they want to change their names from what it is now in their birth certificates,” said Mariah.
• Ibrahim had said he started following Hindu culture and customs after his marriage to Nagamah although all their children were given Malay names while being raised as Hindus and had never stepped into a mosque.
• The Penang Islamic Religious Council has recognised the elderly couple as Muslims.
• However, the council also accepted the fact that the couple’s children are Hindus. “As far as we are concerned, the matter is resolved as the man had returned to the Islamic faith and his wife has embraced Islam,” said religious council chairman Shabudin Yahaya. “The council has built a house for them in Kebun Baru and are living separately from their children.”
• Shabudin said the couple were considered Muslim as they had married according to Islamic rites.
• He said Ibrahim Noyah, 67, had returned to the Islamic faith and his wife, M. Nagamah, 60, embraced Islam in August 2004 and her Muslim name was Mariah Abdullah.
• Their Muslim marriage was solemnised at the religious department on Aug 11, 2004 and had been issued with the relevant documents.
• The couple’s eldest son, Jamal Ibrahim, 42, said he hoped the authorities would help resolve their problem.

sources:

http://thestar.com.my/news/story.asp?file=/2007/2/24/nation/16965034&sec=nation

http://thestar.com.my/news/story.asp?file=/2007/2/27/nation/16983857&sec=nation

NST article: Islamic department urged to check family background (25/2/2007)

NST article: Council: Children are Hindus (25/2/2007)

NST article: In a spot over religious status (25/2/2007)

So far I can’t find any article reporting the outcome of their application to change religious status.

Interestingly, the conversion date ranges from 2005 to 2006.  Anyway the religious department says the marriage according to Muslim rites were done in 2004,  meaning she converted after marriage.

Back then, these kind of marriages existed and registering them legally wasn’t a big focus, I guess.

Ok back to the issue at hand. The religious department had shown no respect for law and order. No empathy, no sympathy. No sense of respect. No sensitivity. If conversion happened, then should bring the documents and do it properly. They simply came and took the ashes away.

So, did the deceased marry another person? If not, then M Kamasantheran (or is he Johan Ibrahim?), the eldest son should also be a Muslim and his father should be Ibrahim Noyan. Its quite impractical that they don’t know the existence of the other 9 siblings nor of their father/step-father. It feels like the deceased lead a double life with the children not knowing what happened to her.

Maybe she converted but didn’t inform her children about it and continued to live as an Hindu.

There’s no mention about the husband.  Maybe he had passed away and she returned to her Hindu family?

In the above case, if the whole family is following Hindu religion (including the deceased), then might as well leave it to the family to perform the last rites accordingly.

If the families provides proof of the deceased being a practising Hindu (especially after 2006), does it make the conversion void?

I think to safeguard ourselves, a MyDaftar-like campaign should be conducted by government to provide opportunity for non-Muslims to reaffirm their religious status via a official document or statutory declaration.  We don’t want to be victims after passing away and cause misery for the family.

And what happened to the suggestion that future converts-t0-be must inform their families/next-of-kin? All quiet?

The silence from MHS is also deafening.

On a political note, since this happened in Penang, can expect brickbats for the PR government. But I wonder what can be done legislation wise to avoid this issue in the first place. Can the enactment be amended? Would need approval from MAIPP or King?