The Syariah Court has exclusive jurisdiction to determine an individual's conversion to Islam and questions of religious affiliation, reaffirming the limitations on Civil Court authority in such matters.

[1] There are two appeals before us namely, Civil Appeal No: 01(i)-8-04- 2013(P) and Civil Appeal No: 01(i)-9-04-2013(P) against the decision of the Court of Appeal dated 12 January 2012 which allowed the respondent's appeal against the decision of the High Court dated 4 August 2010. This Court had on 25 March 2013 granted the appellants' leave to appeal on the following questions of law:

(i) whether the Civil or the Syariah Court has the jurisdiction to determine whether a person professes Islam or not; and

(ii) whether the Civil Court has the jurisdiction to determine the validity of the conversion to Islam of a minor.

[2] In this judgment, the appellant in Civil Appeal No: 01(i)-8-04-2013(P) will be referred to as the 2nd defendant, with the appellant in Civil Appeal No: 01(i)-9-04-2013(P) as the 3rd defendant and the respondent as the plaintiff, as they were in the High Court.

The Facts

[3] The plaintiff was born on 13 August 1982. On 30 November 1983, the plaintiff 's father, Subramaniam a/l Bangaraih converted to Islam (carrying the Muslim name, Mohd Yusof bin Abdullah) together with his wife, Latchumy a/p Ramadu (carrying the Muslim name, Siti Aisyah binti Abdullah) and his five children, including the plaintiff. The plaintiff at the material time was one year and three months old.

[4] Pursuant to their conversion to Islam, both the plaintiff 's father and mother had affirmed a statutory declaration dated 30 November 1983 respectively declaring that they, without any coercion and on their own free will had embraced the Islamic faith. The statutory declarations read:

(i) "Saya SUBRAMANIAM a/l BANGARAIAH K/P NO: 1930652 dengan sesungguhnya dan sebenarnya mengaku bahawa saya dengan akal fikiran yang sempurna dan badan yang sihat serta tidak dipaksa oleh sesiapa dan dengan rela hati saya sendiri dan bersama dengan lima orang anak saya tiga lelaki dan dua perempuan, memeluk Agama Islam."

(ii) "Saya LATCHUMI a/p RAMADU K/P NO: 7664539 dengan sesungguhnya dan sebenarnya mengaku bahawa saya dengan akal fikiran yang sempurna dan badan yang sehat serta tidak dipaksa oleh sesiapa dan dengan rela hati saya sendiri memeluk Agama Islam."

[5] The conversion to Islam of the plaintiff 's parents was registered with Majlis Agama Islam and Adat Resam Melayu Pahang on 13 January 1984. Certificates of conversion dated 13 January 1984 were then issued to both the plaintiff 's parents.

[6] For registration purposes, Majlis Agama Islam dan Adat Resam Melayu Pahang had duly registered the said conversion by registering the conversion in their book of register. As part of the registration of conversion process, particulars and photographs of both the plaintiff 's parents and the plaintiff, taken together with her siblings, were attached to the book of registration. However, the certificate of conversion to Islam in respect of the plaintiff and her siblings was never issued.

[7] The plaintiff 's mother passed away on 25 December 1989 while the plaintiff 's father passed away in 2004.

[8] In a report prepared by the 3rd defendant, it was stated inter alia, as follows:

(i) The whole family had moved from Rompin, Pahang to Penang.

(ii) In 1989, the family were in dire strait whereby the plaintiff and the two siblings were then sent to the Ramakrishna Orphanage in Penang with the help of an Indian man. The orphanage is also known as SRJK(T) Ramakrishna, Jalan Scotland 10450, Penang.

(iii) The plaintiff 's mother passed away on 25 December 1989.

(iv) On 28 December 1989, the plaintiff and her siblings were then issued with a certificate of conv