MEOR ATIQULRAHMAN BIN ISHAK & ORS. V FATIMAH BINTI SIHI & ORS.

MEOR ATIQULRAHMAN BIN ISHAK & ORS. V FATIMAH BINTI SIHI & ORS.

The Federal Court held that the School Regulations 1997 insofar as they prohibit pupils from wearing a turban as part of the school uniform during school hours do not contravene art.11(1); the wearing of a turban by the primary school appellants was not an obligatory or integral religious practice of sufficient constitutional weight, the prohibition was partial and contextually justified by legitimate school discipline and policy, and consideration of the pupils' age and proportionality rendered the restriction constitutional.

Citation
MEOR ATIQULRAHMAN BIN ISHAK & ORS. V FATIMAH BINTI SIHI & ORS.
Parties
Appellants: Meor Atiqulrahman Ishak & Ors; Respondents: Fatimah Sihi & Ors
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
2005
Procedural Posture
Civil Appeal (constitutional Issue) / Federal Court Final Hearing on Appeal
Outcome
Appeal dismissed
Legal Topics
Freedom of Religion, Religious Clothing, School Discipline, Article 11 Compliance, Proportionality
Source Language
en
Constitutional Law Administrative Law Education Law Freedom of Religion Religious Clothing School Discipline Article 11 Compliance Proportionality

Case Brief

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Parties

Meor Atiqulrahman Ishak & Ors

Appellants

Fatimah Sihi & Ors

Respondents

Procedural Posture

Civil Appeal (constitutional Issue) / Federal Court Final Hearing on Appeal

Legal Issues

  1. 1 Whether School Regulations 1997 prohibiting pupils from wearing turban during school hours violates Federal Constitution art.11(1)
  2. 2 Whether wearing a turban is an integral or mandatory practice of Islam such that restrictions engage constitutional protection
  3. 3 Whether restrictions on religious practice are justified by art.11(5) and by legitimate school discipline and policy

Ratio Decidendi

The Federal Court held that the School Regulations 1997 insofar as they prohibit pupils from wearing a turban as part of the school uniform during school hours do not contravene art.11(1); the wearing of a turban by the primary school appellants was not an obligatory or integral religious practice of sufficient constitutional weight, the prohibition was partial and contextually justified by legitimate school discipline and policy, and consideration of the pupils' age and proportionality rendered the restriction constitutional.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment of the Court of Appeal restored