Azhahari Kamal Ramli JCA (Majority):

Introduction

[1] This is an appeal by the plaintiff in the court below against the decision of the High court at Kuantan in dismissing her Originating Summons for a declaration that she is not a person professing Islam. It revolves around the issue of the appellant's religious status. In her Originating Summons (the OS) dated 14 July 2022, the plaintiff sought the following orders or reliefs:

1. a declaration that the Plaintiff is not a person professing the religion of Islam;

2. a declaration that the word "parents" in para (b) in the definition of "Muslim" in s 2, Administration of Islamic Law Enactment 1991 Pahang (Enactment No 3 of 1991) (referred to as "the Enactment") only refers to the parents of a legitimate child;

3. a declaration that the plaintiff has the right to practice and profess her own spiritual and cultural belief as an aboriginal person from the Jakun tribe without any interference from the defendants; and/or

4. costs to be borne by the defendants; and/or

5. any further and/or other order this Honourable court deems fit and/or otherwise appropriate.

[2] After hearing submissions from the plaintiff and the defendants, the lear