Mohd Nazlan Mohd Ghazali JCA:

GROUNDS OF JUDGMENTIntroduction

[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 person professing the religion of Islam.

[3]The respondent was born on 17 November 1986 to non-Muslim parents whose marriage was registered under the Law Reform (Marriage and Divorce) Act 1976. Her father professed the Hindu religion and her mother was originally a Buddhist.

[4]Some-time in 1991, following the separation of her parents, and this was when the respondent was about five years