Prac­tis­ing Bud­dhist wins bid for re­hear­ing

> Woman born out of wed­lock seeks rul­ing not to be bound by Is­lamic law

The Sun (Malaysia) - - NEWS WITH­OUT BOR­DERS - BY TAMA­RAI CHELVI

PU­TRA­JAYA: A woman, who was born to a Mus­lim fa­ther but raised as a Bud­dhist by her mother, won an ap­peal in the Court of Ap­peal to have her civil mat­ter re­heard. She is seek­ing a rul­ing that she is not bound by Is­lamic Law.

The 35-year-old woman with a Mus­lim name, Rosliza Ibrahim, was born out of wed­lock to her Mus­lim fa­ther and Bud­dhist mother and pro­fesses Bud­dhism.

Last year, Rosliza filed an orig­i­nat­ing sum­mons in the High Court, over per­sonal “sta­tus” and sought a le­gal dec­la­ra­tion that the Se­lan­gor state en­acted Is­lamic laws do not ap­ply to her.

Rosliza said the syariah court did not have ju­ris­dic­tion over her, and named the Se­lan­gor state gov­ern­ment as re­spon­dent in the mat­ter.

On March 3 this year, the High Court dis­missed her orig­i­nat­ing sum­mons and struck out the ap­pli­ca­tion with RM5,000 in costs. Rosliza ap­pealed at the Court of Ap­peal. Yes­ter­day, the panel of judges, led by Datuk Abang Iskan­dar Abang Hashim and com­pris­ing Datuk Za­mani A. Rahim and Puan Sri Zaleha Yu­sof, unan­i­mously de­cided to set aside the High Court de­ci­sion.

“We or­der the case to be re­mit­ted to the High Court in Shah Alam to be heard. This is not a plain and ob­vi­ous case to be un­sus­tain­able,” said Abang Iskan­dar, adding that “un­sus­tain­able” is not a ground to strike out the case.

Rosliza’s lawyer, As­ton Paiva, had sub­mit­ted that the civil court had the ju­ris­dic­tion on whether a per­son is a Mus­lim or not.

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