JUDGMENT

Mohd Nazlan Mohd Ghazali JCA:

Introduction

[1] The principal question in these appeals pertained to the religion of the two respondents. This in turn necessitated examination of whether the definition of a Muslim in the Administration of the Religion of Islam (State of Selangor) Enactment 2003 - which under s 2(1)(b) provides that a person, at the time of his or her birth is a Muslim if either of his or her parents is a Muslim - is applicable if the person was born illegitimate.

[2] After having examined the appeal records and considered the submission by the parties, we arrived at the conclusion that the decision of the High Court which had answered the above question in the negative - in that, the respondents are not Muslims, and that s 2(1)(b) was not applicable in this case - could not be sustained. We therefore set aside that decision and allowed the appeals by the two appellants.

[3] This Judgment contains the full reasons for our decision in these appeals.

Key Background Facts

[4] There were two appeals before us. These were heard together, and both of which were against a single decision of the High Court in Shah Alam which had ruled in favour of the two respondents,