SISTERS in Islam (SIS) today expressed its objection over the Court of Appeal’s decision in reinstating the status a 37-year-old woman as a Muslim following an appeal by the Selangor Islamic Religious Council (MAIS).

The civil society group said the decision contradicted the Quran, which prohibits religious compulsion.

“The judgment contradicts the Quran’s message, ‘Let there be no compulsion in religion (Quran: 2:256),” it said in a statement today. 

“The verse clearly recognises freedom of religion and has been widely interpreted to mean that no one can be forced to embrace Islam.”

Last week, MAIS succeeded in its appeal to reinstate a 37-year-old woman as a Muslim.

The woman, who originally professed the Hindu faith, was five years old when she was converted to Islam unilaterally by her mother.

The woman, born in 1986, said her mother had unilaterally converted her in 1991 at the Selangor Islamic Religious Department’s office.

The conversion took place while her parents were in the midst of a divorce, which was finalised in 1992.

Her mother went on to marry a Muslim man in 1993, and her father died in an accident three years later.

The woman contended that despite her conversion to 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.

Citing the landmark decision in the Indira Gandhi case, SIS emphasised that the Federal Court has ruled that conversion of minors to Islam requires the consent of both parents.

“The court has unequivocally interpreted article 12(4) of the Federal Constitution, which states that the religion of a person under the age of 18 shall be decided by his parent or guardian, which means requiring the consent of both parents,” the group said.

SIS said freedom of religion and belief is a right of every Malaysian and is enshrined in the Federal Constitution.

Hence, it urged these rights to be honoured.

“We must honour these rights equally and fairly regardless of race or religion. However, MAIS’ actions do not reflect compassion and tolerance,” it said.

“Surah An-Nisa’ states, ‘Indeed, those who have believed then disbelieved, then believed, then disbelieved, and then increased in disbelief – never will Allah forgive them, nor will He guide them to a way (Quran: 4:137).

“From this verse, Islam accepts freedom of religion and belief and does not punish anyone who converts out of Islam.”

Last week, in delivering the Court of Appeal’s majority decision, judge Yaacob Sam said the court held that the appeal has merits.

Yaacob and judge Nazlan Ghazali ruled in favour of MAIS in the majority judgment, while judge Ravinthran Paramaguru dissented. – January 16, 2023.