https://www.opindia.com/2024/10/mal...d-right-to-practice-tribal-customs-dismissed/
An indigenous woman (Orang Asli), belonging to the jakun tribe, was recently denied the right to practice her real Faith and profess her cultural and spiritual beliefs in Malaysia.
The victim had moved the court to nullify her conversion to Islam as a child. However, her plea before the Court of Appeal was dismissed by a 3-member panel in a 2:1 verdict.
Reportedly, the indigenous woman was converted to Islam when she was just 2 years old. She was fathered by a Muslim man, who did not marry her mother (belonging to the jakun tribe).
The indigenous woman’s petition, to be declared a non-Muslim, was turned down by the Kuantan High Court last year. Now, the Court of Appeals has also dismissed her application.
Justice Datuk Azhahari Kamal Ramli, in his majority verdict, claimed that the victim’s conversion was recorded in her mother’s conversion certificate (Islam bersama Ibu).
The court did not take into consideration that the victim was only 2 years old at the time and could not have consented to her own conversion.
While preventing the adult indigenous woman from professing her cultural and spiritual beliefs, the judge said that a Syariah court was the right place to decide her case. He rationalised his verdict by claiming that the case involved the renunciation of Islam.
An indigenous woman (Orang Asli), belonging to the jakun tribe, was recently denied the right to practice her real Faith and profess her cultural and spiritual beliefs in Malaysia.
The victim had moved the court to nullify her conversion to Islam as a child. However, her plea before the Court of Appeal was dismissed by a 3-member panel in a 2:1 verdict.
Reportedly, the indigenous woman was converted to Islam when she was just 2 years old. She was fathered by a Muslim man, who did not marry her mother (belonging to the jakun tribe).
Victim converted to Islam as a child
Her mother had converted to Islam on 14th November 1995. The victim argued that she did not recite the oath of allegiance to Islam (Kalimah Syahadah) and did not consent to the conversion.The indigenous woman’s petition, to be declared a non-Muslim, was turned down by the Kuantan High Court last year. Now, the Court of Appeals has also dismissed her application.
Justice Datuk Azhahari Kamal Ramli, in his majority verdict, claimed that the victim’s conversion was recorded in her mother’s conversion certificate (Islam bersama Ibu).
Court prevents adult woman from practicing her real Faith
“The plaintiff (appellant) was at all material time in the mother’s custody. The mother raised her alone,” he stated, adding that her absentee Muslim father must have ‘consented’ to the conversion.The court did not take into consideration that the victim was only 2 years old at the time and could not have consented to her own conversion.
While preventing the adult indigenous woman from professing her cultural and spiritual beliefs, the judge said that a Syariah court was the right place to decide her case. He rationalised his verdict by claiming that the case involved the renunciation of Islam.
