Justice Aliza Sulaiman said it is premature to allow the applications at this stage.

“There are triable issues before the court for its determination,” the judge said in delivering her ruling to parties via online today.

Shehzad Malik Sarwar Malik is seeking a court declaration that he is a practising Sikh and had never professed Islam.

Lawyers Ahmad Kamal Abu Bakar and Arik Zakri Abdul Kadir, who represented MAIWP, submitted that the matter fell under the jurisdiction of the shariah court as it involved renunciation of Islam and not conversion.

Shehzad’s father is a Muslim from Pakistan, and his mother is a Sikh.

“A Muslim mother cannot convert her Muslim baby into Sikhism. She does not have the power,” Kamal said.

Senior federal counsel Zairani Tugiran, who appeared for the government, argued that the applicant himself had indicated that he was a Muslim when he submitted a form for his identity card.

According to the council and the government, Shehzad was born a Muslim to Muslim parents and, therefore, his remedy was in the religious court.

Kamal contended that the legal challenge before the civil court is unsustainable and should be struck out.

Shehzad’s lawyer, Rajesh Nagarajan, argued that this was not a case which could be summarily struck out at an early stage as there were matters which needed the civil court’s determination.

He said Shehzad was raised by his mother and uncle as a Sikh.

“That is why we are here in the civil court because it is our position that this is an ab initio case (applicant was never a Muslim from the beginning),” said Rajesh, who is assisted by Amanda Sonia Mathew.

Shehzad filed the originating summons in December 2023, claiming that at the time of his birth in June 1996, his parents professed the religion of Islam, but his mother had raised him as a Sikh.

He said that after his mother died in 2007, he was raised by his uncle, who also professed and practised Sikhism.

He is seeking a court declaration that his religious status according to the national registration department’s record be “amended and corrected” to Sikh instead of Islam, and that his name be changed from Shehzad Malik bin Muhammad Sarwar Malik to Bilawal Singh Bhutter.

Aliza fixed Nov 5 for case management for parties to obtain direction from the judge before a trial date is scheduled.