Siti Nur Ain binti Sulaiman v Majlis Ugama Islam dan Adat Resam Melayu Pahang & Anor

Appellant(s): Siti Nur Ain Binti Sulaiman

Respondent(s):

• Majlis Ugama Islam dan Adat Resam Melayu Pahang
• Kerajaan Malaysia

• YA Dato' Che Mohd Ruzima Bin Ghazali
• YA Datuk Wong Kian Kheong
• YA Datuk Azhahari Kamal bin Ramli

• The appellant was born out of wedlock in 1993 to an indigenous Jakun mother (non-Muslim) and a Muslim biological father, who were never married.
• Her mother converted to Islam in 1995 when the appellant was two years old, and the appellant's name was subsequently recorded in the state's Register of Muallaf as having converted to Islam with her mother.
• The appellant consistently disputed her Muslim status, claiming she never practiced Islam but followed Jakun customs, and sought a declaration from the Civil Court that she is not a person professing Islam.

• Whether the Civil Court or the Syariah Court had jurisdiction to determine the appellant's religious status, specifically whether it was an "ab initio" case (never a Muslim) or a "renunciation" case (no longer a Muslim).
• The interpretation of Section 103 of the Enactment regarding the conversion of a minor child upon a parent's conversion, particularly the requirement for a custody order from a non-Syariah Court.
• Whether the consent of both biological parents was required for the conversion of an illegitimate minor under Article 12(4) of the Federal Constitution and the Guardianship of Infants Act 1961.

• The Court of Appeal dismissed the appeal, affirming the High Court's decision that the case was one of "renunciation" and thus falls within the exclusive jurisdiction of the Syariah Court.
• The Court applied the "common-sense construction rule" to Section 103 of the Enactment, ruling that the requirement for a custody order was irrelevant for an illegitimate child whose custody naturally rests with the mother.
• The Court held that the consent of the biological father was not required for the conversion of an illegitimate child, as "parent" in Article 12(4) of the Federal Constitution refers to a lawfully wedded parent, and for illegitimate children, the mother decides their religion.