Crime & Courts

Dec 16 hearing for woman's appeal to be recognised as a non Muslim

KUALA LUMPUR: An appeal by a woman who was born to a Muslim father and Buddhist mother but wants to be recognised as a non-Muslim would be heard on Dec 16 at the Federal Court.

The hearing which was supposed to be heard on Oct 6 before a panel of nine judges led by Chief Justice Tan Sri Tengku Maimun Tuan Mat was postponed due to the on-going Conditional Movement Control Order (CMCO).

Lawyer Azman Marsallah who represented the Selangor Islamic Council said the new date was fixed during the e-review proceedings today.

Counsel Ashton Paiva represented the appellant Rosliza Ibrahim, Selangor assistant state legal adviser Siti Fatimah Talib represented the first respondent, and senior federal counsel M Kogilambigai represented the government as an amicus curiae.

Rosliza's ordeal begun when her application to change her name was rejected by the National Registration Department (NRD) because she did not have a letter of approval from the Syariah Court.

Subsequently, the 38-year-old woman took the matter to court but was unsuccessful at the High Court and Court of Appeal to overturn the NRD's decision. She did not take the matter to the Federal Court.

Rosliza, who works in a pharmaceutical industry, then filed an originating summons in the High Court last year, seeking a declaration that the state Islamic laws did not apply to her and the Selangor Syariah Courts did not have jurisdiction over her.

She contended she was born out of wedlock to a Buddhist mother (who has since died) and a Muslim father, and her parents were never married. She claimed she was raised a Buddhist by her mother who was also never converted to Islam.

Her mother had also provided a statutory declaration confirming she had never married Rosliza's father.

Rosliza provided evidence from the Federal Territories and Selangor religious authorities showing neither she nor her mother converted to Islam and both authorities did not have records of her parents having a Muslim marriage.

The High Court struck out Rosliza's suit on March 3 this year after considering the merits of her case.

Rosliza said the court struck out her case because she was unable to prove her parents did not contract a Muslim marriage and she claimed it was the High Court's mere speculation that her parents could have married at any state in the country or outside, but the court did not request evidence on that matter from her during the court hearing.

She sought the appellate court to remit her case back to the High Court for her to resolve the speculation and gather evidence to prove there was no valid Muslim marriage in any other state or contracted outside Malaysia.

Most Popular
Related Article
Says Stories