Malaysia Case Law: Decisions & Judgments

Topic

Conversion to islam

Legal area

Court

3 Oct 2024

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

Citation

C-01(NCvC)(A)-118-03/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

C-01(NCvC)(A)-118-03/2023 (Mahkamah Rayuan)

The court held this case to be a renunciation/apostasy case on the facts: the appellant was converted alongside her mother, was raised by the Muslim mother, recorded in the Daftar Rekod Muallaf and given a Muslim name, and section 103 of the Enactment (read with section 2(1)(d)) applies so that the child became Muslim; accordingly the proper forum is the Syariah Court and the civil appeal is dismissed and the High Court decision is affirmed.
3 May 2024

Dahlia Dhaima Binti Abdullah Kerajaan Negeri Selangor

Citation

01(f)-19-06/2023(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-19-06/2023(B) (Mahkamah Persekutuan)

Although Dahlia's conversion in 1991 was legally invalid under the 1952 Enactment, the total factual matrix (custody, upbringing, conduct, pleadings and failure to challenge conversion in Syariah proceedings) demonstrated she was factually raised and reputed as a Muslim; therefore her claim falls within the 'no longer a Muslim' category and the Syariah Courts had jurisdiction; the Court affirmed the Court of Appeal majority and dismissed Dahlia's declaration; conclusiveness of a conversion certificate does not bar challenge to the legality of the conversion process.
3 May 2024

Dahlia Dhaima Binti Abdullah MAJLIS AGAMA ISLAM SELANGOR (MAIS)

Citation

01(f)-18-06/2023(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-18-06/2023(B) (Mahkamah Persekutuan)

This was an apostasy/renunciation case because the appellant had sought a declaration in the Syariah Courts that she was no longer a Muslim and the Syariah Courts, exercising their recognised jurisdiction under Article 121(1A), found she remained a Muslim on the factual matrix (upbringing, schooling, practices). The Civil High Court erred by substituting its decision for the Syariah Courts; therefore the Syariah Courts' decisions made within jurisdiction stand and the Federal Court affirms the Court of Appeal majority that the Civil appeals fail.
3 May 2024

Dahlia Dhaima Binti Abdullah MAJLIS AGAMA ISLAM SELANGOR (MAIS)

Citation

01(f)-18-06/2023(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-18-06/2023(B) (Mahkamah Persekutuan)

The court held that although the applicable law to test validity is the law in force at the date of actual conversion (1952 Enactment) and the conversion at age 5 was legally invalid, the factual matrix (upbringing, custody, conduct and prior Syariah findings) showed Dahlia was factually Muslim; therefore her case was one of renunciation and within Syariah jurisdiction; the Court of Appeal majority decision was not plainly wrong and is affirmed; certificate conclusiveness is reviewable where issuance or facts were legally defective.
3 May 2024

Dahlia Dhaima Binti Abdullah Kerajaan Negeri Selangor

Citation

01(f)-19-06/2023(B) (Mahkamah Persekutuan)
Court

f
Case number

01(f)-19-06/2023(B) (Mahkamah Persekutuan)

The appeals are dismissed because the Syariah Courts had jurisdiction to decide the appellant's claim for a declaration she was no longer a Muslim (an apostacy/renunciation matter), the Syariah High Court and Syariah Court of Appeal had adjudicated and found she was a Muslim based on the factual matrix (conversion, upbringing and conduct), and Civil Courts cannot reverse decisions of Syariah Courts made within their jurisdiction under Article 121(1A) of the Federal Constitution; therefore the High Court erred in granting the declaration and the Court of Appeal majority decision is affirmed.
15 Jun 2023

MURALEE A/L Y.S. MENON KETUA PENGARAH JABATAN PENDAFTARAN NEGARA PENCELAH 1. ) FARHANA BINTI FARHAN MENON 2. ) RAHUL BIN FARHAN MENON 3. ) RUBIAH BINTI JAFFAR 4. ) MAJLIS AGAMA ISLAM WILAYAH PERSEKUTUAN

Citation

WA-24NCvC-1820-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-1820-06/2022 (Mahkamah Tinggi)

The originating summons was converted into a writ because the affidavits and pleadings demonstrated heavily contested material facts, necessitating oral evidence and witness examination to resolve factual disputes central to jurisdictional and substantive questions, including the plaintiff's alleged conversion to Islam and registry entries.
13 Jan 2023

Kerajaan Negeri Selangor Dahlia Dhaima Binti Abdullah

Citation

B-01(NCvC)(A)-57-01/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

B-01(NCvC)(A)-57-01/2022 (Mahkamah Rayuan)

The Court of Appeal allowed the appeals because the Syariah High Court and Syariah Court of Appeal had already judicially determined that the respondent is a Muslim; therefore the Civil High Court lacked jurisdiction under Article 121(1A) to entertain the originating summons as a matter of renunciation. On the merits the respondent failed to prove an ab initio case; the High Court's declaration was set aside.
27 Oct 2021

Pendaftar Muallaf Wilayah Persekutuan 1. Lee Chang Yong 2. Ketua Pengarah Jabatan Agama Islam Wilayah Persekutuan 3. Ketua Pengarah Kementerian Pelajaran Malaysia 4. Kerajaan Malaysia (Jabatan Peguam Negara)

Citation

W-01(A)-658-11/2018 & W-01(A)-659-11/2018 (Mahkamah Rayuan)
Court

A
Case number

W-01(A)-658-11/2018 & W-01(A)-659-11/2018 (Mahkamah Rayuan)

The Court of Appeal held that it is bound by the Federal Court in Indira Ghandi which determined that if both parents are still surviving, both their consent are required before a Certificate of Conversion to Islam can be issued for minor children; accordingly the conversions and registrations effected without the father's consent were quashed and cancellation ordered.