MAJLIS AGAMA ISLAM SELANGOR v. DAHLIA DHAIMA ABDULLAH & ANOTHER APPEAL
COURT OF APPEAL, PUTRAJAYA
YAACOB MD SAM JCA
RAVINTHRAN PARAMAGURU JCA
MOHD NAZLAN MOHD GHAZALI JCA
[CIVIL APPEAL NOS: B-01(NCVC)(A)-40-01-2022 & B-01(NCVC)(A)-57-01-2022]
13 JANUARY 2023
[2023] CLJ JT (3)

Abstract – (i) A judicial determination by the Syariah Court that a person is still a Muslim, must necessarily mean he/she is a Muslim and not one who was never a Muslim; (ii) the law, as enshrined in the Federal Constitution, does not countenance any review or appeal, let alone re-litigation or unravelling by the civil court, of a decision which is within the exclusive jurisdiction of the Syariah Court.

CONSTITUTIONAL LAW: Jurisdiction – Courts – Person not professing religion of Islam – Conversion to Islam at age of five by mother without consent of father but continued to practice Hindu religion – Syariah Courts declared that person still Muslim – Whether case of apostasy/renunciation – Whether ab initio case – Whether matter falling within jurisdiction of civil court/Syariah Court – Whether jurisdiction of civil court ousted – Whether person fit statutory definition of Muslim – Federal Constitution, art. 121(1A)

ISLAMIC LAW: Conversion – Conversion to Islam – Validity – Person not professing religion of Islam – Conversion to Islam at age of five by mother without consent of father but continued to practice Hindu religion – Whether conversion valid – Whether there was proof of affirmative profession of religion of Islam – Administration of Islamic Law (Federal Territories) Act 1993, s. 2

STATUTORY INTERPRETATION: 'Muslim' – Administration of Islamic Law (Federal Territories) Act 1993, s. 2 – Whether definition concerns one's faith or identity under law – Whether person practices religion or not a consideration in determining 'person professing the religion of Islam'