Court declares man Hindu, not Muslim
Court declares man Hindu, not Muslim

PETALING JAYA: The Ipoh High Court has granted a 26-year-old man’s application to be legally recognised as a Hindu, ruling that he is not a Muslim.
Justice Bhupinder Singh said there was no evidence to suggest that the man – whose suit was against the national registration department (JPN) and the Perak Islamic religious and Malay customs council (MAIPk) – had ever professed Islam.
“The (MAIPk) officer also confirmed that the plaintiff never converted to Islam based on the state’s records,” the judge added.
The Teluk Intan resident was born to a Hindu mother and a father who was a Muslim convert.
His parents were married in a temple ceremony but did not register their marriage under either shariah or civil law.
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His biological father left the family soon after he was born, and his mother died in 2007 when he was eight years old.
He and two older sisters have lived with their aunt ever since.
The man said he has practised Hinduism all his life and never professed Islam.
In 2012, he applied for an identity card from JPN and was given one bearing the word “Islam”. He said a JPN officer told him it was because his biological father was a Muslim.
In 2021, he applied to JPN for the word “Islam” to be removed from his identity card. The department turned down the request, giving rise to the lawsuit.
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Bhupinder said the court was bound by the Federal Court’s decision in Rosliza Ibrahim’s case.
In that case, the apex court ruled that Rosliza, who was raised by her Buddhist mother, was never a Muslim as there was no evidence to suggest that she professed the Islamic faith.
Bhupinder also rejected MAIPk’s contention that the man must be deemed a Muslim as his IC bore the word “Islam”.
“An identity card is not conclusive evidence of one’s religious identity. The defendant claimed he is a Muslim, and they need to back up this claim,” he said.
The court also noted that the man’s parents were never legally married.
As an illegitimate child he could not be said to have taken his father’s religion, the judge said.
Bhupinder said the court was bound by the Federal Court’s decision in Rosliza Ibrahim’s case.
In that case, the apex court ruled that Rosliza, who was raised by her Buddhist mother, was never a Muslim as there was no evidence to suggest that she professed the Islamic faith.
Bhupinder also rejected MAIPk’s contention that the man must be deemed a Muslim as his IC bore the word “Islam”.
“An identity card is not conclusive evidence of one’s religious identity. The defendant claimed he is a Muslim, and they need to back up this claim,” he said.
The court also noted that the man’s parents were never legally married.
As an illegitimate child he could not be said to have taken his father’s religion, the judge said.
Court declares man Hindu, not Muslim
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