Malaysia Case Law

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 (dissenting) affirmed the High Court: the case was an ab initio challenge to religious status, therefore civil courts had jurisdiction under the distinction in Rosliza Ibrahim; the 1991 purported conversion was invalid because respondent was underage in breach of s147 Administration of Muslim Law Enactment 1952 and no paternal consent was obtained contrary to constitutional requirements; admissions of childhood exposure in Syariah proceedings did not establish that respondent professed Islam; res judicata and locus standi arguments failed because prior Syariah proceedings…

• Religious status
• Conversion of minors
• Jurisdiction of syariah vs civil courts
• Apostasy vs ab initio conversion
• Article 121(1a)
• Freedom of religion

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

Citation

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

Court

Malaysian court

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.

• Freedom of religion
• Religious clothing
• School discipline
• Article 11 compliance
• Proportionality