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').