Pendaftar Mualaf Negeri Perlis v Loh Siew Hong (08(f)-35-02/2024(W))

1.

MAJLIS AGAMA ISLAM DAN ADAT ISTIADAT

DATO’ ARIF PERKASA DR. MOHD ASRI BIN ZAINUL ABIDIN [DISAMAN SEBAGAI MUFTI

KERAJAAN NEGERI PERLIS … APPELLANTS AND LOH SIEW HONG … RESPONDENT (HEARD TOGETHER) IN THE FEDERAL COURT OF MALAYSIA (APPELLATE JURISDICTION) CIVIL APPEAL NO. 08(f)-47-02/2024(W)

1.

MAJLIS AGAMA ISLAM DAN ADAT ISTIADAT MELAYU PERLIS 2

DATO’ ARIF PERKASA DR. MOHD ASRI BIN ZAINUL ABIDIN [DISAMAN SEBAGAI MUFTI NEGERI PERLIS]

KERAJAAN NEGERI PERLIS … APPELLANTS AND LOH SIEW HONG … RESPONDENT CORAM: TENGKU MAIMUN BINTI TUAN MAT, CJ NALLINI PATHMANATHAN, FCJ ABU BAKAR BIN JAIS, FCJ SUPPORTING JUDGMENT [1] I have read the written judgement drafted by my learned sister, Nallini Pathmanathan, FCJ regarding the decision we made in respect of this case. We unanimously refused leave to appeal to this court on 14 May 2024. [2] In respect of the present case, I wish to point out that I was also a member of the panel in this court with regard to the case of Dahlia Dhaima

Abdullah v Majlis Agama Islam Selangor & Another Appeal [2024] 5 CLJ This is also a case of conversion. 3 [3] I only would wish to reiterate what I have alluded to in Dahlia as follows. [4] First, only the Syariah Courts have jurisdiction over apostasy cases in view of this court earlier decision in Rosliza Ibrahim v Kerajaan Negeri Selangor & Anor [2021] 3 CLJ 301. [5] In Dahlia, I also found as follows: [80] Utmost is the fact that the appellant agreed without restrain the Syariah High Court had the requisite jurisdiction to make the finding and come to a decision in respect of her challenge with regard to her status. She had willingly entrusted the Syariah Courts to determine the truth of her case. By filing her case at the Syariah High Court, she had conscientiously and with full capacity, considering her age at that time, accepted the jurisdiction of the same and submitted herself to that court. [6] In Dahlia too, it is crucial to note that the appellant was not a minor when she decided to go to the Syariah Courts and more importantly the appellant was a Muslim when she sought to be declared no longer a Muslim from the Syariah Courts. This is how it is stated in Dahlia: [136] First, when the appellant went to the Syariah High Court, she admitted she was a Muslim. That is proven by the declaration she requested – to be declared no longer a Muslim. Therefore, at the outset there is no issue she was a non-Muslim solely regarded as a Muslim. [7] Dahlia must be taken or understood according to the peculiar facts of that case. 4 [8] Having noted all of the above, I wish to say I agree that in our present case, the application for leave to appeal ought to be dismissed. Dated: 4 February 2025 Signed