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PUTRAJAYA: The Federal Court has ruled that a 38-year-old woman born to a Muslim father and a Buddhist mother was never Muslim.
A nine-man Supreme Court bench chaired by Chief Justice Tengku Maimun Tuan Mat said the plaintiff, Rosliza Ibrahim, has managed to make her claims on a balance of probabilities that she was never Muslim from birth.
“The simultaneous classification by the lower courts (the High Court and the Court of Appeal) of the plaintiff’s case as a waiver case is not correct in fact and law.
“This is an ab initio case,” said Tengku Maimun.
In her initial subpoena filed in 2015, Rosliza requested a statement that she was not Muslim and therefore the Sharia Court had no jurisdiction over her, as she claimed that she was born out of wedlock to a Muslim father and late mother. buddhist.
She lost her case in Shah Alam High Court as it was dismissed on June 22, 2017, and her appeal in Court of Appeal was also dismissed on April 25, 2018.
The then judicial commissioner of the High Court, Datuk Seri Tun Abd Majid Tun Hamzah (now a High Court judge) held that the evidence presented by Rosliza only showed that no marriage was registered, adding that not registering a marriage was not proof that no such marriage existed.
On January 20 of this year, the Federal Court granted Rosliza’s request for authorization to appeal on two legal issues for the Federal Court to determine.
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