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,