PUTRAJAYA – A 37-year-old woman got the nod from the Federal Court to proceed with her appeal against a Court of Appeal decision to reinstate her as a Muslim.
This was after the Federal Court’s three-member bench led by Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli allowed the woman’s application for leave to pursue her appeal against the appellate court’s decision.
Both the Selangor Islamic Religious Council (MAIS) and the Selangor government did not object to her application.
Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Mary Lim were the other two judges presiding with justice Rahman who heard the woman’s application today.
Following the court’s decision today, the Federal Court will hear and decide six questions of law at the hearing of the appeal proper, which will be fixed at a later date.
The woman has proposed four questions of law while MAIS and the state government were allowed by the apex court to include one question of law each for the court to decide.
Among the questions of law were if an invalid shariah court order can be challenged collaterally in the civil high court and whether Article 121(1A) of the federal constitution is applicable.
Another question is whether the civil courts have the power to reverse a finding of facts made by the shariah court in the determination of matters of Islamic law and doctrine.
In civil cases, litigants must first get leave from the court before they can proceed to file their appeal to the Federal Court.
On December 21, 2021, the Shah Alam High Court allowed the woman’s suit and declared that she is not a Muslim. On January 13 this year, however, the Court of Appeal, in a 2-1 majority decision, allowed the appeals by MAIS and the Selangor government to reinstate the woman as Muslim.
In her originating summons, the woman, who was born a Hindu to a Hindu father and a Buddhist mother in 1986, said she was turning five when she was unilaterally converted to Islam by her mother in 1991 when her parents were in the midst of a divorce. The conversion took place at the Selangor Islamic Religious Department’s office.
Her mother then married a Muslim man in 1993 and her father died in an accident three years later.
The woman claimed that despite her conversion to Islam, her mother and stepfather allowed her to continue to practise the Hindu faith. She claimed that she never professed the religion of Islam.
On December 12, 2013, the woman filed a summons at the Kuala Lumpur Shariah High Court for a declaration that she was no longer a Muslim. On July 20, 2017, the court dismissed her summons and the shariah Court of Appeal dismissed her appeal on August 1, 2017, prompting her to file a suit in the civil high court.
Lawyers Datuk Malik Imtiaz Sarwar and A. Surendra Ananth represented the woman while lawyers Mohamed Haniff Khatri Abdulla and Majdah Muda acted for MAIS and Selangor legal adviser Datuk Salim Soib @ Hamid appeared for the state government. – Bernama, May 22, 2023
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