Orang Asli woman fails to renounce Islam for tribal way of life
Published on: Friday, November 03, 2023
By: FMT
The Kuantan High Court says under a Pahang state enactment, children take the religion of the parent having custody. (Facebook pic)
PETALING JAYA: The Kuantan High Court has dismissed an Orang Asli woman’s application to quash her conversion into Islam and return to her tribe’s way of life.
The woman, who belongs to the Jakun tribe, had claimed she was converted by her mother when she was only two years old.
ADVERTISEMENT
Justice Zainal Azman Ab Aziz noted that the woman’s ultimate aim was to renounce Islam, a matter that the civil courts do not have jurisdiction to entertain.
“The subject matter (of the suit) falls under the exclusive jurisdiction of the shariah court,” he said.
The court held that based on the evidence presented during the hearing, the woman had been raised by her convert mother according to the Islamic way of life.
Zainal also cited the Pahang Islamic Family Law Enactment which provides that children take on the religion of the parent who has custody over them.
ADVERTISEMENT
As the woman was raised by her mother, the judge said she was, therefore, subject to her mother’s religion.
The judge ruled that the consent of both parents was not relevant to the circumstances of the case.
ADVERTISEMENT
He said the case should be distinguished from the Federal Court ruling in the case involving M Indira Gandhi whose children were unilaterally converted by her husband.
“In Indira’s case, she and her former husband registered their marriage under civil law but he converted the three children to Islam.
“In cases where one of the parents was not a Muslim, consent is needed. But for this case, the plaintiff (woman) was raised by her mother alone,” Zainal said.
Now aged 30, she had claimed she did not recite the “kalimah syahadah” (affirmation of faith) when her mother registered her conversion as she was a toddler.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
