Apex court reserves decision on woman’s appeal against Muslim status

The Federal Court here yesterday reserved its decision on the appeal brought by a 37-year-old woman to overturn a Court of Appeal’s decision in reinstating her as a Muslim.

A three-member panel chaired by Court of Appeal president Tan Sri Abang Iskandar Abang Hashim reserved judgment after hearing submissions by the woman’s lawyer Datuk Malik Imtiaz Sarwar, Selangor state legal advisor Datuk Salim Soib@Hamid who represented the Selangor state government, and lawyer Mohamed Haniff Khatri Abdulla who acted for Selangor Islamic Religious Council (MAIS).

The other two judges on the panel were Federal Court judges Datuk Mary Lim Thiam Suan and Datuk Abu Bakar Jais.

On Dec 12, 2013, the woman filed a summons at the Kuala Lumpur Syariah High Court for a declaration that she was no longer a Muslim.

On July 20, 2017, the Syariah High Court dismissed her summons, and the Syariah Court of Appeal dismissed her appeal on Aug 1, 2017. She then filed a lawsuit at the civil High Court seeking a declaration that she was not a person professing the religion of Islam, and named MAIS and the Selangor state government as respondents.

On Dec 21, 2021, the High Court in Shah Alam allowed the woman’s suit and declared that she was not a Muslim, but the decision was overturned by the Court of Appeal in a 2-1 decision on Jan 13, 2023, following appeals by MAIS and the Selangor state government.

The woman was granted leave to proceed with her appeal to the Federal Court on May 23 last year on six legal questions.

Earlier, Mohamed Haniff Khatri submitted that the appellant had not succeeded in establishing through evidence that she never professed the religion of Islam.

“The appellant is a Muslim within the definition of ‘Muslim’ pursuant to Section 2(c) and (e) of the Administration of Islamic Law (Federal Territories) Act 1993 based on the entire factual matrix and the force of the evidence. The Syariah High Court and Syariah Court of Appeal of Kuala Lumpur is a court of competent jurisdiction under Article 121(1A) of the Federal Constitution and seized with jurisdiction to hear and determine the issue of the religious status of the appellant.

“This is a renunciation case,” he said adding that civil courts have no jurisdiction to review decisions made by both Syariah Courts.