JUDGMENT

Abu Bakar Jais FCJ (Majority):

Introduction

[1] Although the dispute in this case concerns the status of a party, it is also related to the larger sphere where different jurisprudence and jurisdictions of the Syariah Courts and the Civil Courts have come to the fore. Though the Syariah Courts and the Civil Courts are well recognised by our own Federal Constitution, the existence of both at the same time in the administration of justice in this country is not without difficulties.

[2] We heard two related appeals against the majority decision of the Court of Appeal in this case. This court had earlier allowed leave to appeal against that majority decision based on the questions of law proposed as follows:

(1) Is the date of the conversion of a person into Islam the date of his or her actual conversion or the date of issuance of a card confirming the fact of conversion?

(2) In determining the legality of the conversion of a minor into Islam, is the legality of such conversion to be tested against the applicable law as it stood at the time of when the conversion occurred? Further to this:

(a) Can the said minor be deemed to be Muslim notwithstanding by virtue of provisions akin to the definition of "Muslim" in s 2 of the Administration of the Religion of Islam (State of Selangor) Enactment 2003?

(b) Is such definition only applicable to the children of persons born into the religion of Islam such that, where the children of persons who converted into Islam after the birth of such children are concerned, such children must convert into Islam for them to be treated in law as such?

(3) In any event, does s 74(3) of the Administration of Islamic Law Enactment 1989 (Selangor) oust the jurisdiction of the High Court to determine the validity of a minor's conversion into Islam?