Judicial commissioner Choong Yeow Choy on Monday (Jan 8) allowed an originating summons by T Nivethah, 20, and T Swetha, 19, for a declaration that their religion was always Hinduism. When contacted by Malaysiakini recently, the sisters’ counsel Gurdial Singh Nijar confirmed the successful legal action.

The NRD director-general and Mais - who were the defendants - contended that the sisters were born Muslim in 2003 and 2004 respectively, and that the duo were trying to renounce Islam, which would have precluded the Shah Alam civil court from hearing the originating summons. 

The defendants were relying on the contention that Selangor’s syariah laws state that the sisters - who were born out of wedlock to a Hindu father and an allegedly Muslim mother - were born Muslims by virtue of their mother’s faith.

According to a copy of the judgment, the High Court disagreed with the defendants’ arguments, pointing out that the mother was never Muslim from the onset. The judicial commissioner said this is because the mother was born out of wedlock to a Muslim grandmother and a non-Muslim grandfather.

The judicial commissioner pointed out that this precluded the application of the Administration of the Religion of Islam (State of Selangor) Enactment 2003 and the Islamic Family Law (State of Selangor) Enactment 2003 in relation to the sisters’ faith. 

Choong added that the sisters’ situation and resolution are covered by the landmark 2021 apex court ruling involving Rosliza Ibrahim, who was declared to have never been Muslim as she was born out of wedlock to a Muslim and non-Muslim parent. The judicial commissioner also ordered the defendants to pay RM10,000 in costs to the sisters.

When contacted by Malaysiakini, NRD’s legal representative from the Attorney-General’s Chambers (AGC) said they have no instructions yet on whether to appeal to the Court of Appeal. Law firm Messrs Kamaruzaman Arif & Sofiah is acting for Mais.

Vijay47 : In “Status of Faith” cases such as this, the road up that steep mountain to seek justice must surely be paved with the sticks and stones and thorns of harassment, abuse, and intimidation. Yet the oppressed embark on the weary journey.

We wonder what leads Loh Siew Hong, Indira Gandhi, these two young ladies and others who suffer similarly to trudge that path. Obviously not for fame or fortune or title. They simply want the promised freedom to practise the religion of their choice and to share that spiritual bliss especially with their children, unshackled to a faith they believe they are not part of.

Any mother, any parent, would want the joy of cuddling their children to their bosom, teaching them the glory and comfort their religion offers them. Why are they being denied this happiness? Malaysia must be one of the few countries that enforce this. Almost everywhere else you can leave from any faith to follow any other faith.

What does it profit anyone to chain someone to a belief that they do not want to be part of? Is this how the enforcers give form to “Glory to God in the Highest”? Do we ever hear agencies like Jakim preach the softer aspects of Islam? All we hear is fire and brimstones and an awaiting Hell.

India has a Muslim population more than 10 times that of Malaysia yet any one of 1.4 billion Indians can leave any religion to join another. Nobody bats an eyelid. Just for the record, everyone’s darling Shah Rukh Khan is married to a Hindu, Gauri, and their family life must be as happy as can be imagined. And if they were in Malaysia?

Please, please, please, let the believers be. Let the question of spiritual foundation be left to personal choice. If you want people to remain in your faith, let it be through the glowing example you set. Not what you enforce.

ChineseMale70Plus : And they claim they do not interfere with the lives of NM.