The Penang Syariah High Court has ruled that Teoh Cheng Cheng is not a Muslim.
Judge Zaim Mohd Yudim said she was not a Muslim at her time of death on June 7 as there were discrepancies in the date of her application for conversion in 1997.
"The testimonies by witnesses also showed that she never practised Islam in her life," said the judge.
Justice Zaim also ordered the Penang Islamic Affairs Council (MAIPP) and the Penang General Hospital, where the body is currently kept, to return it to Cheng Cheng's family.
The body was seized by the Penang Islamic Affairs Department (JAIPP) on Monday on grounds that she was a Muslim convert.
MAIPP, which oversees JAIPP, filed the case to seek a declaration on Cheng Cheng's religious status.
Maipp's lawyer Wan Faridulhadi Mohd Yusoff said MAIPP was unsuccessful in proving that Cheng Cheng was a Muslim after she made the application to convert to Islam on 1997.
Wan Faridulhadi said MAIPP failed to prove Cheng Cheng was a practising Muslim between her application for conversion and her death.
He added that testimonies from the four witnesses - two from MAIPP and two from the deceased's family - were also considered and led to the decision today.
No signature on conversion card
Wan Faridulhadi explained that there were three disputed dates in the documents submitted - in the Islamic department's log book, the first page of her application and her conversion card.
Normally, the entire process, starting with the application, the proclamation of faith and the conversion would be done on the same date, he added.
Furthermore, Teoh had her name logged into JAIPP’s register book on Nov 14, 1997, which meant she had proclaimed her faith 10 days after she delivered her first child, Medelyn.
There were also two others dates which did not match on her document - Dec 6, where Teoh reportedly submitted her application for conversion and Dec 16, where she was issued her conversion card, Wan Faridulhadi said.
“It is impossible that someone who just gave birth (and is in confinement) could make a proclamation of faith,” Wan Faridulhadi (right) said.
Other than Medelyn and Yazman, a surveyor with a private firm, MAIPP’s witnesses include Azimah Abdullah, 36 and Abdul Malik Abdullah , 51, who are MAIPP officers.
"There was also the absence of two signatures on the conversion card - the religious officer's and Cheng Cheng's," the lawyer added.
Meanwhile, lawyer Ramkarpal Singh, who represents the deceased's mother Tan Mah Suan (in floral shirt in photo) said he has received the official order to retrieve Cheng Cheng's body from the hospital today.
"We are going straight to the hospital to obtain the body and hopefully, it can be cremated today," Ramkarpal said.
On the suit filed by Tan, 64, at the Penang High Court today, Ramkarpal (right in photo) said the lawyers would decide whether to proceed with or withdraw from the case.
Ramkarpal also thanked Wan Faridulhadi for helping to resolve the case.
Cheng Cheng's cousin Teoh Chew Choo expressed relief that the case has been settled.
"However we remain disappointed over the incident which got us into so much trouble lately. JAIPP's officers should be sacked," Teoh said.
Present at the court today were Cheng Cheng's daughter Medelyn, 17, and her friend Yazman Ayob, 37. Both hurried out of the court compound in separate cars.
Medelyn wore a green headscarf and baju kurung while Yazman covered his face with a scarf over the duration of the trial.
Judge Zaim Mohd Yudim said she was not a Muslim at her time of death on June 7 as there were discrepancies in the date of her application for conversion in 1997.
"The testimonies by witnesses also showed that she never practised Islam in her life," said the judge.Justice Zaim also ordered the Penang Islamic Affairs Council (MAIPP) and the Penang General Hospital, where the body is currently kept, to return it to Cheng Cheng's family.
The body was seized by the Penang Islamic Affairs Department (JAIPP) on Monday on grounds that she was a Muslim convert.
MAIPP, which oversees JAIPP, filed the case to seek a declaration on Cheng Cheng's religious status.
Maipp's lawyer Wan Faridulhadi Mohd Yusoff said MAIPP was unsuccessful in proving that Cheng Cheng was a Muslim after she made the application to convert to Islam on 1997.
Wan Faridulhadi said MAIPP failed to prove Cheng Cheng was a practising Muslim between her application for conversion and her death.
He added that testimonies from the four witnesses - two from MAIPP and two from the deceased's family - were also considered and led to the decision today.
No signature on conversion card
Wan Faridulhadi explained that there were three disputed dates in the documents submitted - in the Islamic department's log book, the first page of her application and her conversion card.
Normally, the entire process, starting with the application, the proclamation of faith and the conversion would be done on the same date, he added.Furthermore, Teoh had her name logged into JAIPP’s register book on Nov 14, 1997, which meant she had proclaimed her faith 10 days after she delivered her first child, Medelyn.
There were also two others dates which did not match on her document - Dec 6, where Teoh reportedly submitted her application for conversion and Dec 16, where she was issued her conversion card, Wan Faridulhadi said.
“It is impossible that someone who just gave birth (and is in confinement) could make a proclamation of faith,” Wan Faridulhadi (right) said.
Other than Medelyn and Yazman, a surveyor with a private firm, MAIPP’s witnesses include Azimah Abdullah, 36 and Abdul Malik Abdullah , 51, who are MAIPP officers.
"There was also the absence of two signatures on the conversion card - the religious officer's and Cheng Cheng's," the lawyer added.
Meanwhile, lawyer Ramkarpal Singh, who represents the deceased's mother Tan Mah Suan (in floral shirt in photo) said he has received the official order to retrieve Cheng Cheng's body from the hospital today."We are going straight to the hospital to obtain the body and hopefully, it can be cremated today," Ramkarpal said.
On the suit filed by Tan, 64, at the Penang High Court today, Ramkarpal (right in photo) said the lawyers would decide whether to proceed with or withdraw from the case.
Ramkarpal also thanked Wan Faridulhadi for helping to resolve the case.
Cheng Cheng's cousin Teoh Chew Choo expressed relief that the case has been settled.
"However we remain disappointed over the incident which got us into so much trouble lately. JAIPP's officers should be sacked," Teoh said.
Present at the court today were Cheng Cheng's daughter Medelyn, 17, and her friend Yazman Ayob, 37. Both hurried out of the court compound in separate cars.
Medelyn wore a green headscarf and baju kurung while Yazman covered his face with a scarf over the duration of the trial.
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