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PETALING JAYA: A Sarawakian mother is seeking a declaration from the court that she has the right to determine the religious affiliation of her 17-year-old son, whose MyKad presently describes him as a Muslim.
In an originating summons filed in the Kuching High Court last month, the 52-year-old woman named six defendants, including the national registration department (JPN), its director-general and the director of its identity card division, as well as the federal government.
According to Malaysiakini, the mother is also seeking an order to compel JPN to make the necessary changes to properly reflect his professed religion.
In an affidavit in support of the application, the mother claimed that she had raised her son as a Buddhist since birth and has had sole care and custody of him since her divorce from the boy’s father.
Her former Muslim husband has since remarried and now has a separate family of his own, she added.
According to the mother, problems arose in July when she went to the JPN office in Kuching with her lawyer to change certain details stated on her son’s MyKad, particularly regarding his religious affiliation.
She claimed that JPN staff refused to accept her application, but instead gave her a separate set of forms to fill up, which she resubmitted two weeks later, along with supporting documents from her son and former husband.
The mother said her solicitor then wrote formally to JPN with the forms duly filled out but in a letter in reply, dated July 31, JPN responded by giving her a third set of forms to complete.
“The father has not objected to the child’s religious upbringing. He is also supportive of our application to amend the details of the child’s birth register and identity card,” the mother was quoted as saying in her affidavit.
The son, who will turn 18 next month, has also filed an affidavit to support the application.
“I am a Buddhist. During my schooling years, I did not take Islamic religious classes. I have not practised Islam in my life.
“I have never professed or practised any other religion in my life. My father has not objected to me being a Buddhist. I want to be identified as a non-Muslim,” the teenager said in his affidavit affirmed on Aug 9.
The Kuching High Court is set to hear the legal challenge on Monday next week. - FMT
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