Civil courts retain jurisdiction over matters involving fundamental rights, even when Islamic law elements are present, unless the subject matter is exclusively under Syariah courts.

[1] This is an appeal against the decision of the High Court of Penang which had allowed the respondents' applications (all the four respondents filed separate applications) pursuant to O 18 r 19(1) (limbs (a) to(d)) of the Rules of the High 1980 to strike out the appellant's originating summons action.

[2] The appellant (the plaintiff before the High Court; and, hence, after this shall be referred to in this judgment as 'the plaintiff') in her originating summons action before the High Court had sought a declaration that the respondents (the defendants before the High Court: and shall hereinafter be referred to as 'the defendants') in 1989 had unlawfully caused her to undergo a process of conversion to Islam when the plaintiff was seven years of age.

[3] It is undisputed that when the plaintiff was born (in 1982), her parents were of the Hindu faith. Her parents gave her the name Banggarma a/p Subramaniam. On 28 December 1989 the plaintiff was taken by the 2nd defendant together with officials of the 3rd defendant (Majlis Agama Islam Pulau Pinang) before a Kadi in Penang. She was then only seven years old. Before the Kadi she was instructed to take an affirmation of faith to renounce her Hindu faith and embrace Islam; and, there after, she was made to sign a Certificate of Affirmation of Faith (Sijil Akuan Masuk Islam).

[4] There is a society called the Muslim Welfare Society Malaysia (Pertubuhan Kebajikan Islam Malaysia). It is also known by the acronym PERKIM. The 2nd defendant, Haji Raimi, was at the material time an official of PERKIM. At the material time the 1st defendant, Tun Dr Mahathir was the president of PERKIM.

[5] The detail facts that she alleges in her supporting affidavit are as follows:

AFFIDAVIT IN SUPPORT

I, Siti Hasmah Vangarama Binti Abdullah (Nric No: 820813-06-5578) of full age and a Malaysian citizen, residing at No 50, Jalan Besar, 34250 Tanjung Piandang, Perak, do hereby affirm and say as follows:

(1) I am the above named plaintiff and the facts deposed herein are true to the best of my personal knowledge and from the records in my possession unless stated otherwise.

(2) I am 26 years of age and I was born on the 13 day of August, 1982. A copy of my NRIC Card is now produced and shown to me marked as exh "BAS-1".

(3) I am an Indian by race, and a Hindu by birth. I say that the original Hindu birth name given to me by my parents is Banggarma a/p Subramaniam.

(4) A copy of my birth certificate is now produced and shown to me marked as exh "BAS-2".

(5) I say that when I was seven years of age, on the 28 day of December 1989, I was taken by the 2nd defendant, Tuan Haji Raimi bin Abdullah, an official of 1st defendant's society, PERKIM, and other muballigh officials from the 3rd defendant to the kadi Bandaraya of Penang to be converted into a Muslim.

(6) I say that at the material time, in presence of the afore said Tuan Haji Raimi bin Abdullah and other Penang Islamic Council Muballigh officers, I was instructed by the kadi bandaraya to take the affirmation of faith "Kalimah Shahadat", by uttering and reciting the following words:

(a) That I, Bangarama a/p Subramaniam, Nric No: C179583, born on 13 August 1982 and staying in Kepala Batas, SPU, the owner of the above picture, on this day, joyously before you, informs you that I now verily have faith that the religion of Islam is the best religion. Therefore, I hereby joyously say that from this moment I have renounced th