Lawyer Nur Majdah Muda, who appeared for Mais, informed High Court judge Choo Kah Sing that they would not be pursuing the matter.
Choo then struck out the application with no order to costs.
Lawyer A Surendra Ananth, representing the 35-year-old woman, whose identity is being withheld, said the Court of Appeal will still hear an appeal by Mais and the Selangor government against the declaration on Sept 13.
Last December, Choo had allowed the woman’s application that the national registration department (JPN) reissue her an identity card without the words “Islam” and “binti” on it.
However, JPN refused to comply with the court order stating that Mais and the Selangor government had already gone to the Court of Appeal to reverse the declaration.
In his written grounds released last month, Choo said Section 147 of the Selangor Administration of Muslim Law Enactment 1952 expressly prohibited the conversion of children from a civil marriage.
“The plaintiff (woman) cannot be considered a vexatious litigant as she was exercising her constitutional right to freedom of religion,” the judge said. He also dismissed a counterclaim by Mais.
The judge said the High Court had jurisdiction to hear this case as the woman had taken the position that she was never a Muslim to begin with.
She had first gone to the shariah court in Kuala Lumpur to obtain a declaration that she was never a Muslim, but failed.
Early last year, she filed an originating summons in the High Court and named the Selangor government and Mais as defendants.
The High Court also said the plaintiff had never admitted at the shariah court to having professed Islam.
As such, Choo said the religious court could not stop her from exercising her constitutional right in the civil court.
The facts of the case revealed that the woman was born a Hindu in Selangor and was converted to Islam when she was about five years old.
Her mother went to the Selangor Religious Department on May 17, 1991 to convert and had brought along the plaintiff.
The department purportedly converted the woman along with her mother.
The father did not consent to the conversion. He died in 1996.
In her suit, the woman said she never professed Islam, and in 2011, she wanted to remove the word “Islam” from her identity card but this was rejected by JPN.
She also made an application to the Kuala Lumpur shariah court for an exit order but the shariah high court dismissed it in 2017. It was upheld by the shariah court of appeal early last year.
The state government and Mais objected by saying that the civil courts had no jurisdiction, and the woman was bound by the Kuala Lumpur shariah high court’s decision in dismissing her summons.
Mais also filed a counterclaim to declare that the plaintiff was a “vexatious litigant”.