Monday, December 11, 2023

Court grants Sabahan leave to challenge conversion to Islam


FMT:

Court grants Sabahan leave to challenge conversion to Islam


The woman, who converted as a teen to marry her Muslim boyfriend, claims her conversion was unconstitutional as it was effected without her parent’s consent.



The woman claims that under Penang’s Islamic laws, parental consent is required for a minor’s conversion to be valid.


GEORGE TOWN: The High Court here has granted leave to a Sabahan to challenge the legality of her conversion to Islam when she was a minor.

The 21-year-old had converted to Islam when she was 17 to marry her Muslim boyfriend, but he broke off the relationship some months later.

The woman wants the court to declare her conversion certificate – dated June 11, 2020 – invalid, and to revoke her Kad Akuan Masuk Islam issued by the Penang Islamic religious council (MAINPP).

In an online hearing today, Justice Quay Chew Soon granted the woman leave to file a judicial review of MAINPP and the state’s Muslim converts’ registrar.

He also allowed an extension of time, given that she has passed the three-month time limit to file a review.

Quah heard arguments from senior federal counsel about a prior case regarding faith.

However, Quah said the previous case was about renunciation of faith, yet this case involves a dispute concerning the conversion itself.

Quah said the review concerns the validity of the conversion certificate.

He also dismissed the attorney-general’s chambers (AGC) objection claiming that this was a case for the shariah court.

He then set Dec 26 for mention and ordered a notice of hearing to be served on all parties.

Lawyers Shamsher Singh Thind and Thian Yee Chin appeared for the Sabahan woman, while senior federal counsel Muhammad Sinti appeared for the AGC.

MAINPP and the state converts’ registrar were not represented and did not make any filings in the case.


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