JUDGMENT
Introduction
[1] The principal question in these appeals pertained to the religion of the two respondents. This in turn necessitated examination of whether the definition of a Muslim in the Administration of the Religion of Islam (State of Selangor) Enactment 2003 - which under s 2(1)(b) provides that a person, at the time of his or her birth is a Muslim if either of his or her parents is a Muslim - is applicable if the person was born illegitimate.
[2] After having examined the appeal records and considered the submission by the parties, we arrived at the conclusion that the decision of the High Court, which had answered the above question in the negative - in that, the respondents are not Muslims, and that s 2(1)(b) was not applicable in this case - could not be sustained. We therefore set aside that decision and allowed the appeals by the two appellants.
[3] This Judgment contains the full reasons for our decision in these appeals.
Key Background Facts
[4] There were two appeals before us. These were heard together, and both of which were against a single decision of the High Court in Shah Alam which had ruled in favour of the two respondents, against the 1st Defendant, Ketua Pengarah Jabatan Pendaftaran Negara Malaysia, now the appellant in Civil Appeal No: B-01(NCvC)(A)-72-01/2024 ("Appeal 72") ("the NRD") and Majlis Agama Islam Selangor who was the 2nd Defendant at the High Court, presently the appellant in Civil Appeal No: B-01(NCvC)(A)-100-02/2024 ("Appeal 100") ("MAIS").
[5] In essence it may be simply stated that the respondents had filed the action at the High Court as they disagreed with the NRD issuing them with an NRIC identifying them as Muslims. The High Court had in its decision granted the reliefs in the Originating Summons ("the OS") filed by the two respondents, namely Nivethah A/P Thamayandiran ("Nivethah") and Swetha A/P Thamayandiran ("Swetha") - who are sisters, as prayed therein, as follows: