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: