MAJLIS AGAMA ISLAM SELANGOR vs DAHLIA DHAIMA ABDULLAH & ANOTHER APPEAL

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 96

COURT OF APPEAL PUTRAJAYA
MAJLIS AGAMA ISLAM SELANGOR – Appellant
Versus
DAHLIA DHAIMA ABDULLAH & ANOTHER APPEAL – Respondent

Petitioner Advocates:Haniff Khatri,Majdah Muda ,Respondent Advocate: Malik Imtiaz Sarwar,Surendra Ananth

Table of Content
1. distinction between renunciation and ab initio religious status claims governs court jurisdiction. (Para 1 , 18 , 19 , 20 , 22)
2. jurisdictional authority rests with the court adjudicating claims of conversion validity. (Para 25 , 26 , 27 , 32)
3. court's authority to adjudicate religious status is determined by prior judicial determinations. (Para 120 , 121 , 122)

JUDGMENT

Mohd Nazlan Mohd Ghazali JCA (Majority):

Introduction

[1] These are appeals against the decision of the High Court which allowed the respondent's application for a declaration that she is not a person who professes the religion of Islam. After having heard the appeals which was conducted by way of a remote communication technology via Zoom, we, by a majority, decided to allow the appeals for the reasons contained in these grounds of judgment.

Key Background Facts

[2] These two appeals, which were heard together before us originated from an originating summons ("OS") instituted by the respondent at the High Court in Shah Alam, against Majlis Agama Islam Selangor (MAIS) and the Selangor State Government. The principal relief sought by the respondent in the OS was for a declaration that she is not a per

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2023 MarsdenLR 96

COURT OF APPEAL PUTRAJAYAMAJLIS AGAMA ISLAM SELANGOR – AppellantVersusDAHLIA DHAIMA ABDULLAH & ANOTHER APPEAL – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
MAJLIS AGAMA ISLAM SELANGOR – Appellant
Versus
DAHLIA DHAIMA ABDULLAH & ANOTHER APPEAL – Respondent