High Court declines to determine religious status of ex-school teacher

 

The Shah Alam High Court has dismissed a widow’s application to rule on the religious status of a man who converted into Islam in 2012. (File pic)

SHAH ALAM: The High Court has ruled that it has no jurisdiction to hear and determine whether a former secondary school teacher died a Muslim.

Justice Shahnaz Sulaiman said the matter fell within the domain of the Selangor shariah court in light of a Federal Court decision in Rosliza Ibrahim v. Kerajaan Negeri Selangor & Anor. pronounced last year.

“The deceased’s statutory declaration affirmed on March 2, 2015 shows that he had converted to Islam. The issue now is whether he was still a Muslim when he passed away on March 14, 2020.

“(That) is a matter which falls within the (jurisdiction of the) shariah court,” the judge said when dismissing an application for judicial review by the widow of B Raguram and their two underage daughters.

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M Rajeswary and her daughters filed the application in September 2020.

The three had named the Selangor religious council, the shariah high court and the Selangor government as respondents.

They wanted a declaration that Raguram professed the Hindu religion when he died and that the shariah court had no jurisdiction to determine his religious status.

The applicants also wanted a declaration that Section 61(3)(b)(xi) of the Administration of Islam (Selangor) Enactment 2020 was unconstitutional, and is null and void.

They sought an order prohibiting the shariah high court from giving the religious council the authority to exhume Raguram’s remains.

The shariah court had on May 21, 2020, ruled that Raguram was a Muslim at the time of his death, having embraced Islam on Nov 8, 2012.

It also allowed the religious council to take the appropriate steps to perform final rites for him in accordance with the Islamic faith.

Despite being invited, Rajeswary had refused to participate in the shariah court proceedings.

Shahnaz allowed the applicants an interim stay of the shariah high court order pending disposal of a formal stay application.

Lawyers Surendra Ananth, M Rajoo and Allyna Ng appeared for the applicants.

Counsel Arham Rahimy Hariri and Ariffuddin Hanafi represented the council, while assistant state legal adviser Siti Fatimah Talib appeared for the shariah high court and the Selangor government. - FMT