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Cases

ROSLIZA IBRAHIM v. KERAJAAN NEGERI SELANGOR & ANOR
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Azahar Mohamed CJM, Nallini Pathmanathan, Abdul Rahman Sebli, Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan, Rhodzariah Bujang FCJJ
[Civil Appeal No: 01(f)-2-01-2020(B)]
5 February 2021
[2021] 2 MLRA 70

JUDGMENT

Introduction

[1] The dispute between Rosliza binti Ibrahim ('the appellant/plaintiff'), who was raised as a Buddhist by her Buddhist mother (as averred to by the mother with no averment to the contrary by the father), and Kerajaan Negeri Selangor and Majlis Agama Islam Negeri Selangor, ('the respondents/defendants'), as aptly stated by the 2nd respondent in its written submission dated 15 September 2020, pertains to whether an illegitimate child whose mother is not a person professing the religion of Islam, is not subject to 'Muslim law' (and hence not subject to the jurisdiction of Syariah Courts).

[2] The issue herein is similar to Azmi Mohamad Azam v. Director Of Jabatan Agama Islam Sarawak & Ors [2016] 2 MLRH 533; [2016] 6 CLJ 562 ('Azmi'). Azmi will be referred to in detail in the later part of this judgment. Suffice to state at this juncture that Azmi's case was ultimately resolved by consent, where the National Registration Department ('NRD') removed the word 'Islam' from his National Registration Identity Card ('identity card').

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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