Woman born to Muslim-Buddhist couple wants court recognition as non-Muslim

Source: The Malay Mail Online

Rosliza Ibrahim said she was raised a Buddhist, arguing that she should be considered a non-Muslim despite her Muslim father as she is an illegitimate child. — Picture by Saw Siow Feng

KUALA LUMPUR, March 13 — A Selangor woman born to a Muslim father but raised as a Buddhist by her Buddhist mother who was never legally married wants the court to declare her as a non-Muslim.

Rosliza Ibrahim, who turns 37 in November, has been on a long journey to seek official recognition that she is a non-Muslim. Her case is finally before the Court of Appeal today.

“She was raised a Buddhist by her mother, she continues to profess Buddhism till this day and wants to continue living her life peacefully as a Buddhist in Malaysia,” Rosliza’s lawyer Aston Paiva said when explaining his client’s case.

According to Rosliza, Selangor’s Muslim laws do not apply to her as she was born an illegitimate child to her Muslim father and late Buddhist mother. Rosliza argued that the English common law and Muslim laws’ position is that the natural father would have no rights over an illegitimate child, while only the natural mother would have rights over the child.

Since Rosliza’s natural mother had guardianship rights over her including deciding her religious upbringing, she is arguing that her religion should follow her mother’s wishes for her to be a Buddhist, and she should be subject to civil laws instead of Shariah laws. Read more

Malaysians shouldn’t have to go to court to correct religious status, interfaith group says

Source: The Malay Mail Online

MCCBCHST said many individuals have approached it over the decades because they have been wrongly designated as Muslims by the government. — Picture by Reuters

MCCBCHST said many individuals have approached it over the decades because they have been wrongly designated as Muslims by the government. — Picture by Reuters

KUALA LUMPUR, Oct 21 — An interfaith group called today for new legislation and government policies so that Malaysians would not have to go to court to correct their religious status on paper.

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) welcomed the Court of Appeal’s recent decision to allow the appeal of Rosliza Ibrahim, who was born out of wedlock to a Muslim father and a Buddhist mother, for a legal declaration that Shariah courts do not have jurisdiction over her.

“The Cabinet and Parliament must take steps to formulate an inclusive policy and enact relevant laws respectively to resolve disputes faced by people like Rosliza Ibrahim,” said MCCBCHST in a statement. Read more

Court of Appeal preserved and protected the Constitution — MCCBCHST

Source: The Malay Mail Online

PRESS STATEMENT

OCTOBER 21 — The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) welcomes the decision of the Court of Appeal on October 11, 2016, allowing the appeal of Rosliza Ibrahim; a woman who was born out of wedlock to a Buddhist mother, was raised a Buddhist and continues to profess Buddhism as an adult.

Over the decades, many individuals have approached the MCCBCHST because of similar problems i.e. individuals wrongly designated as “Muslims” by the Government. They are designated as such despite never having professed Islam all their lives. It must be emphasised that these are not cases of people wanting to leave or renounce Islam, but cases where they are not even Muslims in the first place. Read more

Court orders rehearing of woman’s bid to be free of Shariah law

UPDATED

Source: The Malay Mail Online

Rosliza Ibrahim’s lawyer Aston Paiva (pic) speaks to reporters outside the Court of Appeal in Putrajaya October 11, 2016. — Picture by Yusof Mat Isa

Rosliza Ibrahim’s lawyer Aston Paiva (pic) speaks to reporters outside the Court of Appeal in Putrajaya October 11, 2016. — Picture by Yusof Mat Isa

PUTRAJAYA, Oct 11 — The Court of Appeal allowed today a woman’s appeal for a legal declaration that Shariah courts do not have jurisdiction over her, after the High Court dismissed her application earlier this year.

Rosliza Ibrahim, a 35-year-old who was born out of wedlock to a Muslim father and a Buddhist mother, is seeking the declaration after having grown up as a practising Buddhist all her life.

A three-member panel led by Justice Datuk Abang Iskandar Abang Hashim ruled that the matter be remitted back to the Shah Alam High Court, to be heard in front of a different judge.

Rosliza’s lawyer Aston Paiva earlier argued that the case must be referred back to the High Court as there were speculations regarding her parents’ marital status in the High Court judgement that needs to be clarified. Read more

Appeal Hearing on Challenging Religious Status

Rosliza Binti Ibrahim v Kerajaan Negeri Selangor (Civil Appeal No. B-01(A)-130-04/2016)

The appellate plaintiff contending that she is an illegitimate child born to a Buddhist mother, wants the State Government of Selangor to exempt her from state enacted Islamic laws. The state’s refusal in accepting her status affect her rights to religious freedom, choice of marital partner and disposition of property.

The court of appeal will be hearing on this matter on 11 October 2016.

 

Related Article

Born out of wedlock to a Muslim father, woman refuses to be subject to Shariah laws

Source: The Malay Mail Online

Malaysia regularly grapples with long-drawn cases of unilateral conversions into Islam. — Reuters pic

Malaysia regularly grapples with long-drawn cases of unilateral conversions into Islam. — Reuters pic

PUTRAJAYA, Oct 11 — Despite her name, Rosliza Ibrahim is a Buddhist. She was born 35 years ago to a Buddhist mother, who raised her as a Buddhist, and continues to practise Buddhism today.

Yet, the state religious authorities in Selangor, where she currently resides, regard her as a Muslim and subject to Shariah law because she was born to a Muslim father, although out of wedlock.

“Her Constitutional right to religious freedom and disposition of property are all adversely affected. She cannot go to the Shariah court as, by law, she is not even a Muslim in the first place. Thus there is no question of leaving Islam.

“She won’t be able to get married to a person of her choice,” Rosliza’s lawyer, Aston Paiva, told Malay Mail Online yesterday. Read more