THE Court of Appeal will hear on April 25 a case involving a Buddhist woman seeking a legal declaration that shariah laws do not apply to her as she was born out of wedlock to a Muslim father.
Justice Umi Kalthum Abdul Majid today set the date to allow the legal teams representing the woman and the respondents, the Selangor government and the state shariah authority, “time to prepare”.
Rosliza Ibrahim, 36, raised a Buddhist by her mother, contended that that the shariah courts in Selangor do not have jurisdiction over her.
She argued that her constitutional right to religious freedom, choice of partner and disposition of property were all adversely affected as she is still being registered a Muslim.
Rosliza, who works in the pharmaceutical industry, filed an originating summons in the High Court in 2015, later showing proof that both the Federal Territories and Selangor Islamic authorities had no record of her biological parents having entered into a Muslim marriage.
Her case was dismissed in March 2016 on grounds that she could not prove that her natural parents did not contract a Muslim marriage in other states.
In October 2016, her appeal was allowed by the Court of Appeal and her case was ordered to be reheard before a different High Court judge.
She then obtained confirmation from the religious authorities of the other 10 states in Malaysia that they have no record of her mother converting to Islam.
Her case was dismissed at the High Court on a speculation that her natural parents could have married but did not register the union. β March 13, 2018.
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