Orang Asli woman a Muslim on record, state government tells court

The Court of Appeal heard the appeal of an Orang Asli woman against the refusal of the High Court to allow her to challenge her purported conversion to Islam.

PUTRAJAYA: The Pahang government has insisted that a 31-year-old Orang Asli woman is a Muslim as defined under a state enactment.

State legal advisor Saiful Edris Zainuddin told the Court of Appeal that her lawsuit is an attempt to renounce Islam, and that the civil courts have no jurisdiction to hear such cases.

Saiful said that the woman had been raised by her mother – a Muslim convert – since she was born, and that her identification card recorded that she was a Muslim.

“She previously went to Jakoa (the department of Orang Asli development) and JPN (the national registration department) to remove (the word) ‘Islam’ from her IC.

“Whether she is Muslim or otherwise, the matter should be decided at the shariah court,” Saiful said, when pointing out her “attempts” to renounce the faith.

The woman claimed she was unilaterally converted to Islam by her mother when she was around two years old.

She also alleged she did not recite the “kalimah syahadah” (affirmation of faith).

Last year, the High Court dismissed her lawsuit seeking to challenge her conversion. She is appealing to set aside that ruling.

Meanwhile lawyer Najid Hussain, appearing for the Pahang Islamic Religious and Malay Customs Council, said a fatwa states clearly that a child’s religious status may be determined by the conversion of any of its parents.

Najid said the woman’s mother converted when she was two years old and raised her along with her two sisters.

“Her two younger (biological) sisters were registered as ‘Muslim’ in their birth certificates. This shows that they are all Muslims,” he added.

Justice Che Ruzima Ghazali, who chaired the panel, interjected to point out that the sisters are not the subject matter of the present appeal.

Woman never registered as a Muslim, says lawyer

Lawyer Surendra Ananth, appearing for the woman, argued that she was never registered as a convert by the state government.

He pointed out that her name only appeared under the mother’s conversion certificate.

“When she was born, her mother was not a Muslim yet.

“The mother’s (subsequent) registration (as Muslim in 1995) cannot be extended to say that the child was also converted,” said Surendra.

He noted that although the state government gazetted a fatwa on a child’s religious status, it cannot be applied to her.

“The fatwa only came out in 2013,” Surendra said.

Ruzima then said the court will fix a case management on July 9 to inform her lawyers and the Pahang government on a decision date.

Also on the panel hearing the appeal were Justices Azhahari Kamal Ramli and Wong Kian Kheong.

The woman was present during the hearing today.