Malaysia Case Law: Decisions & Judgments

Topic

Conversion of religion

Legal area

Court

5 Apr 2023

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

Citation

WA-33-734-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-734-12/2019 (Mahkamah Tinggi)

Petitioner complied with procedural requirements and established specific grounds; respondent had knowledge of and wilfully disobeyed the four court orders, delay was excused by pandemic, avoidance and imprisonment, and failure of strict personal service did not prejudice the respondent; therefore leave to commence committal was valid and committal was warranted with a fine and conditional imprisonment.
5 Apr 2023

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

Citation

WA-33-734-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-33-734-12/2019 (Mahkamah Tinggi)

The application to intervene was dismissed because the Proposed Intervener failed to establish it was an 'interested person' entitled under s96 to seek variation (no demonstrated nexus, no material change or misrepresentation related to the March 2021 custody order) and because the Court was bound by Indira Gandhi that unilateral conversions are invalid; therefore intervention was not justified even if children were treated as Muslims.
22 Feb 2023

SITI NUR AIN BINTI SULAIMAN 1. ) Majlis Ugama Islam dan Adat Resam Melayu Pahang 2. ) Kerajaan Malaysia

Citation

CA-24NCvC-128-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-24NCvC-128-07/2022 (Mahkamah Tinggi)

Plaintiff is a Muslim as defined by s2(1)(d) read with s103 of the Enakmen because her mother, who had custody, converted while plaintiff was under 18 and recorded plaintiff in the Mualaf Register; matters concerning renunciation of Islam and determination of religious status where the person is effectively Muslim fall within Syariah court jurisdiction and therefore the civil High Court lacks jurisdiction to grant the declarations sought; plaintiff's application is dismissed with costs.

Malaysia Case Law

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

PEMPETISYEN Loh Siew Hong NAGAHSWARAN A/L MUNIANDY PENCELAH MAJLIS AGAMA DAN ISTIADAT MELAYU PERLIS

SITI NUR AIN BINTI SULAIMAN 1. ) Majlis Ugama Islam dan Adat Resam Melayu Pahang 2. ) Kerajaan Malaysia