Lawyer Haniff Khatri Abdulla, appearing for Selangor Islamic Religious Council (Mais), said that the shariah courts had in 2017 ruled that the appellant was a Muslim. It also dismissed her renunciation application. The shariah appeals court dismissed her appeal in 2021.
“The shariah courts are courts of competent jurisdiction under Article 121(1A) of the Federal Constitution to hear and decide her religious status.
“The civil courts do not have the powers to reverse findings of facts made by the shariah court on matters of Islamic law and doctrine,” he added.
The woman, now 38, commenced a civil court action in an attempt to quash the decision of the shariah courts.
She claims she originally professed the Hindu faith, and was still a child when she was converted to Islam unilaterally by her mother.
She said the conversion took place in 1991 at the Selangor Islamic religious department while her parents were in the midst of a divorce. The divorce was finalised a year later.
Her mother went on to marry a Muslim man in 1993, and her father died in an accident three years later.
The woman contends that despite her conversion into Islam, her mother and stepfather allowed her to continue practising the Hindu faith, which she had been born into.
In 2021, the Shah Alam High Court had granted a declaration that she was not a Muslim.
However, Mais succeeded in getting the Court of Appeal to reinstate her as a Muslim. The appeals court, in a majority ruling, held that the civil courts were not empowered to hear cases involving the renunciation of Islam.
Haniff also claimed the country operates a dual legal system, with the shariah and civil court systems running “parallel” to each other.
“The dual systems are independent of each other and cannot transgress one another,” he said.
Haniff said the woman’s case should be distinguished from that of Rosliza Ibrahim, who was never a Muslim. He said Rosliza was raised by her Buddhist mother and there was no proof that she professed Islam.
He added that in the present case, the woman admitted in the shariah courts that she had previously followed the Islamic rituals and its way of life when staying with her mother and stepfather.
He said the woman was barred by the Federal Constitution from challenging the shariah courts’ decision in the civil courts.
The apex court panel, chaired by Court of Appeal president Abang Iskandar Abang Hashim, reserved its decision.
Also on the panel hearing the appeal were Justices Mary Lim and Abu Bakar Jais.
Lawyer Majdah Muda also appeared for Mais, while the woman was represented by Malik Imtiaz Sarwar.