Twins fail in civil court bid to exit Islam

New Straits Times

5 days ago

SHAH ALAM: The High Court here has dismissed a suit filed by 26-year-old twin sisters seeking to renounce Islam.
Judicial Commissioner Rozi Bainon ruled that the matter falls exclusively under the jurisdiction of the Syariah Court, as it involves questions of faith, conversion, and Islamic legal status.
The plaintiffs claimed they were forced to recite the syahadah and convert to Islam at the age of 14 by their mother, who had embraced the religion several years earlier.
They argued that the conversion was done without their consent or understanding and maintained that they had never lived as Muslims nor professed the faith.
Their mother, who embraced Islam in 2007, admitted in court via affidavit that she had forced the children to convert, and now regretted the decision.
The plaintiffs also stated that they continued to practise Chinese religious customs and identified with their ancestral beliefs.
The plaintiffs filed an originating summons in December last year by naming the Selangor Islamic Religious Council (Mais) and the Selangor state government as defendants.
The defendants argued that the reliefs sought by the plaintiffs fell squarely within the jurisdiction of the Syariah Court as provided under Article 121(1A) of the Federal Constitution.
The defendants submitted that any claim challenging the validity of conversion to Islam, particularly involving the syahadah recitation and questions of faith, must be addressed according to Islamic law and determined by the Syariah Court.
Mais said the plaintiffs had already acknowledged the jurisdiction of the Syariah Court when they previously filed two suits there in 2023, seeking declarations that they were no longer Muslims.
The suits, however, were later withdrawn without explanation.
Mais viewed the subsequent filing of the present civil action as an abuse of court process and a form of "court shopping."
The defendants stressed that the plaintiffs remained Muslims in the eyes of the law unless and until a valid renunciation is recognised through the proper Syariah legal process.
The court, agreeing with the defendants' submissions, ruled that although the plaintiffs now claimed they never embraced Islam voluntarily, the validity of their conversion must be determined under Islamic law.
The court said that civil courts cannot usurp the role of the Syariah Court in determining issues related to aqidah (faith) and religious identity, especially where there is no constitutional challenge or judicial review involved.
Rozi stressed that the absence of a Syariah Court declaration meant their status as Muslims remained intact.
"The civil court is not the proper forum for such a declaration. The matter of religious status must be brought before the Syariah Court.
"The subject matter of this suit touches directly on questions of faith and religious identity, matters which the Federal Constitution places squarely within the jurisdiction of the Syariah Court.
"Plaintiffs cannot simply abandon one court and turn to another in search of a more favourable outcome.
"This amounts to court shopping and is a misuse of judicial process," she said in her ground of judgment dated yesterday.
Lawyers Muhammad Firdaus Danial Tan and Crystal Jan Wong Mae appeared for the plaintiffs.
Mais was represented by Majdah Muda while State assistant legal advisor Nurul Izzah Abdul Mutalib appeared for the state government.