The National Registration Department’s (NRD) requirement for Zarina Abdul Majid to seek a court declaration on her religious status is legal and in line with the Federal Constitution, Muslim NGO Ikram says.

 

The group’s legal bureau committee member Wan Anwar Wan Ibrahim ( left ) said since Zarina’s father Abdul Majid Gulam Kader claims that she was born into a Muslim family, then Zarina is presumed to be a Muslim, until proven otherwise.

 

“On that basis, NRD’s requirement for (Zarina) does not contradict the constitution but is in line with it.

 

“Statements claiming that NRD’s requirement contradicts the Federal Constitution are statements that pre-empt the syariah court and is against the principle of separation of powers between the two courts (civil and syariah) under Article 121(1A) of the constitution,”  Wan Anwar, who is a syariah lawyer, said in a statement today.

 

Beruas MP Ngeh Koo Ham ( right ) had earlier argued that the NRD’s requirement is unconstitutional , because the Federal Constitution gives the right for a person to choose his own religion and the NRD requirement would put matters in the hands of a third party – the syariah court.

 

Zarina claims that she was raised as a Hindu by her mother, but she and her siblings were registered as a Muslims by their estranged father, without their knowledge. She has since made futile attempts to reverse this.

 

Her plight came into the limelight when the Selangor Islamic Affairs Department (Jais) interrupted her wedding at a Hindu temple in Petaling Jaya.

 

However, her father has claimed she was born a Muslim and that Zarina’s mother was a Muslim convert when they married.

 

Wan Anwar said these claims should be heard in court for a decision to be made.

Record on MyKad not final

 

Citing previous court decisions, he said it has already been decided that a person’s record on the MyKad is not the final word on that person’s religious status, but can be decided upon by the court based on the marriage status of the parents, and the mother’s religion at the time of birth.

 

In addition, Wan Anwar said, the syariah court in a separate decision had ruled that the freedom of religion under Article 11 of the Federal Constitution does not include the right to leave Islam.

 

“Therefore, whatever that is claimed or stated by both parties - Abdul Majid and (Zarina) herself - all their statements should be decided upon by the syariah court in deciding (Zarina’s) religious status.

 

Separately, the Selangor state exco member for Islamic Affairs, Sallehen Mukhyi said it was up to Zarina to choose her religion, since she has never practised Islam.

 

“From the record, she has never gone through any conversion process by her family which, in the Islamic context, should include teaching of the shahada (an Islamic creed), although she was legally registered with a Muslim name.

 

“In Islam, as long as she never had any knowledge or practise of Islam, starting from reciting (the shahada), she is not considered a Muslim because from childhood she was brought up as a Hindu and never practised Islam,” Sallehen is quoted as saying by Berita Harian today.