KUALA LUMPUR: The Federal Territories Islamic Religious Council (MAIWP) and the government have failed in their attempt to strike out a lawsuit filed by a man born into Islam who now seeks to be legally recognised as a Sikh.
Lawyer Rajesh Nagarajan, representing 29-year-old Shehzad Malik Muhammad Sarwar Malik, said High Court judge Datuk Aliza Sulaiman dismissed both striking out applications when delivering her decision in an online proceeding.
“The judge ruled that she wants parties to put in all evidence, documents and affidavits before she decides on this matter on its merits.
“She said this case was not suitable to be struck out by the way of a striking out application.
“The matter will now proceed to a full trial,” he told the New Straits Times.
Rajesh said no trial dates have been fixed yet and a case management has been scheduled on Nov 5.
The lawyer said Shehzad can now put up his argument that although he was born a Muslim to a Pakistani father and a Punjabi Sikh mother, who later converted to Islam, he was raised a Sikh.
Shehzad had contended his parents professed the religion of Islam but at age 11, after his mother’s death in Nov 17, 2007, he was raised by his Sikh uncle who professed and practised Sikhism.
Rajesh said Shehzad was grateful for today’s ruling.
“He is very eager to go forward to prove that he has never ever been a practising Muslim and hopes he will be successful in his claim,” said Rajesh.
Aliza had previously heard submissions from Rajesh, MAIWP, who were represented by lawyers Ahmad Kamal Abu Bakar and Arik Zakri Abdul Kadir as well as senior federal counsel Zairani Tugiran, who acted for the government.
Shehzad, as plaintiff, filed an originating summons on Dec 18, 2023 at the Kuala Lumpur High Court against MAIWP and the government as the first and second defendants.
Shehzad, who was born on June 25, 1996, had sought for declarations, among others, that he is an individual professing and practising Sikhism and not Islam.
He had sought a declaration for his religious status in the National Registration Department’s record be amended and corrected to being Sikh and be declared ‘Bilawal Singh Bhutter’ instead of Shehzad.
He said at all times, he professed and practiced Sikhism and has the constitutional rights to profess his religion of choice.
He said he acknowledges Sikhism as his religion and he cannot and will not, under any circumstances retract or abandon his Sikh religious beliefs and embrace any other religion.
MAIWP and the government had argued that Shehzad’s case should be heard at the syariah court instead of a civil court, rendering it unsustainable and must be struck out.
Ahmad Kamal had argued that Shehzad himself had admitted he was born a Muslim and it was a backdoor attempt for an individual who was born Muslim to renounce or leave the religion of Islam.
He had said Shehzad should go through the proper channel by getting a declaration from the syariah court that he is not a Muslim.
Arik Zakri had submitted that Shehzad’s mother, however she may have raised him, cannot convert her Muslim baby into Sikhism as she does not have the power to do so.
Zairani had said while Shehzad has professed to practicing Sikhism, she questioned his status as a Muslim, which the syariah court has the total jurisdiction on.
She also contended that Shehzad had indicated he was a Muslim when he filled his identification card registration form.
Rajesh had argued that by operation of law, Shehzad’s identity as a Muslim does not make sense as he had neither professed nor practised the religion of Islam.
He had said Shehzad never practised the tenets of the faith, never fasted and drank alcohol.
He also questioned the need for Shehzad to go to the syariah court when he did not identify himself as a Muslim.
© New Straits Times Press (M) Bhd
