Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
By PRISCILLA DIELENBERG
PENANG: The Syariah High Court here allowed an application by Muslim convert Siti Fatimah Tan Abdullah, 39, to renounce Islam and revert to her original faith.
The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first of its kind in the country where a living Muslim convert is allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006.
“From the evidence, it is clear that the plaintiff had not practised the teachings of Islam and had maintained her Buddhist faith.
“Although this court views seriously such matters, this court has no choice but to give her the right to return to her original faith,” said Othman.
He granted Siti Fatimah a declaration that she was no longer a Muslim, and ordered the defendant, the state Islamic Religious Council (MAIPP), to cancel her certificate of conversion to Islam.
However, he did not grant her application to change the religious status on her identity card from Muslim to Buddhist, saying that it did not come under the court’s jurisdiction and she had to pursue the matter with the National Registration Department.
Siti Fatimah, whose Chinese name is Tan Ean Huang, filed the application in May 2006. In her affidavit, she said she converted to Islam in July 1998 for the sake of marrying an Iranian named Ferdoun Ashanian in 1999 but had not practised its teachings.
She said Ferdoun left her a few months after their marriage and she had no knowledge of his whereabouts.
Siti Fatimah, a hawker from Nibong Tebal, said she had maintained her Buddhist leanings and prayed to deities like Tua Pek Kong, Kuan Yin and Thi Kong.
Othman said that Ferdoun, as the person who brought Siti Fatimah into Islam, had failed to guide her in her new faith.
He also said he regretted that the council was not concerned about carrying out its duty involving the welfare of Muslim converts.
“The court regrets that the council did not take quick action to save the plaintiff’s faith,” said Othman.
He said the council should establish procedures to ensure proper supervision of new converts: “If this is not done, it is possible that in future there may be further cases of people coming to court to renounce Islam.”
In citing authorities, Othman said that this case had similarities to the Nyonya Tahir case in 2006 except that Siti Fatimah is still alive while the earlier case involved a person who had died.
He also said that the civil courts in the case of Lina Joy clearly stated that the jurisdiction came under the Syariah Court.
The council’s counsel Ahmad Munawir Abdul Aziz said the council would appeal within the 14-day period, adding that among the concerns was the status of Siti Fatimah’s marriage as her conversion did not dissolve the marriage.
Meanwhile, after leaving the court, Tan went to the Kuan Yin Temple in Jalan Mesjid Kapitan Keling here to offer thanksgiving prayers.
When pressmen approached her, Tan spoke in Mandarin and Teochew and said she had been waiting for this decision for such a long time.
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
Very nice of them.
Occupation: The term of control of a territory by foreign military forces: Iraq 2003-2005 Liberation:when something or someone is freed: Operation Telic 2003
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by Mawaddah
Really! I read about the revert back to Buddhism in The Star but I never followed the story..
Allahul Musta'aan
In Penang Shariah Court... as there are no punishments for ex-Muslims under Penang Shariah Enactments... and Penang Shariah Court is the only court to grant this.... many ex-Muslim wannabes are flocking to this island.
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
i dont get it.. if this country is based on shar3a law..................... then ur livin under it .. n its like a capital punishment ... unless ur livin where religion is sperated from the country .. then fine but in that case thats different...
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by arabianprincess
i dont get it.. if this country is based on shar3a law..................... then ur livin under it .. n its like a capital punishment ... unless ur livin where religion is sperated from the country .. then fine but in that case thats different...
Malaysia is a one "confused" country...
Malaysia is neither secular nor Islamic...
There are criminal matters under the Shariah Court's jurisdiction like adultery but the punishments are not as being prescribed under the Islamic laws...If I'm not mistaken for Zina, the punishment is only RM 3,000.00.
For the Nationalists (current Government) - Malaysia is an Islamic state
For the Secularists - Malaysia is meant to be a secular state
For the Islamists - Malaysia is not an Islamic state and should be one
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by north_malaysian
Malaysia is a one "confused" country...
Malaysia is neither secular nor Islamic...
There are criminal matters under the Shariah Court's jurisdiction like adultery but the punishments are not as being prescribed under the Islamic laws...If I'm not mistaken for Zina, the punishment is only RM 3,000.00.
For the Nationalists (current Government) - Malaysia is an Islamic state
For the Secularists - Malaysia is meant to be a secular state
For the Islamists - Malaysia is not an Islamic state and should be one
oh i seeeeeeeeeeeeeeee thanks for makin it clear for me... salamz
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by north_malaysian
For the Nationalists (current Government) - Malaysia is an Islamic state
For the Secularists - Malaysia is meant to be a secular state
For the Islamists - Malaysia is not an Islamic state and should be one
^That makes sense...sounds chaotic >.< That goes for any country I think.
*Without Allah, without Islam, life would be meaningless. If I've ever learned patience, it's because of this. Alhamdulillah...*
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by Jazzy
^That makes sense...sounds chaotic >.< That goes for any country I think.
But the nationalists are claiming that Malaysia is the truest Islamic country in the world especially with their "Islam Hadhari" campaign... and some Muslims believe it.
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by north_malaysian
But the nationalists are claiming that Malaysia is the truest Islamic country in the world especially with their "Islam Hadhari" campaign... and some Muslims believe it.
And may I ask whats your opinion about what's the current system in malaysia now?
This country is dying because of a lack of men, not a lack of programs.
Re: Syariah High Court lets Muslim convert renounce Islam and go back to Buddhism
format_quote Originally Posted by Aaron85
And may I ask whats your opinion about what's the current system in malaysia now?
Under our Federal Constitution, there should be no laws above the Federal Constitution (which is in accordance to British Common Laws system), Malaysia is meant to be a secular nation.
But, under former Prime Minister (who claimed that his goverment is the true Islamic government) amended the Federal Constitution saying that Civil Court could never interfere Sharia Court's jurisdiction.
But our "Sharia Laws" are totally different then those prescribed in the Koran or HAdith ... and too limited. Not all crimes covered by Shariah Court.
In my opinion, the current government should stop potraying itself as the most Islamic government on earth.. as it would confuse the Muslims worldwide.
Less than 20% of Muslims understand what is the "actual" Islamic laws, as many mosques are controlled by the government, the teachings shall be in accordance to Government's interpretation of Islam.
For me, Malaysia should be declared a secular nation, but with total freedom of religion... which they should cease controlling the mosques and Islamic councils...
If the Islamists want to turn this country into pure Islamic state, they should given a chance to propagate Islam ... all out... to the whole population of Malaysia... then if all Malaysians want to be under ISlamic laws...I have no problem being a citizen ruled by Islamic laws and way of life totally.
But, the people should be educated first about the actual Islam.... and they have to convince the remaining 40% of the population who are not Muslims.
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