Man seeks court to declare he's Sikh, never been Muslim

Professing to have been raised in the Sikh faith since childhood, a man has turned to the civil court for a declaration that he has never been a Muslim.

The 28-year-old filed the originating summons at the Kuala Lumpur High Court on Dec 4 last year, over the contention that he was raised as a Sikh by his late Muslim convert mother.

However, the Federal Territories Islamic Religious Council (MAIWP) has since applied to strike out the suit without it being subjected to a full trial, arguing that only the Syariah Court has the jurisdiction to determine the man’s religious status.

According to the man’s affidavit in support of the suit, he explained that his mother, who passed away on Nov 17, 2007, was initially a Sikh who embraced Islam upon marrying his father, a Muslim from Pakistan, on Aug 8, 1993.

The man said he was then born in Malaysia on June 25, 1996, but that his mother continued to raise him as a Sikh, and that he continued to be taught Sikhism in his childhood by his uncle.

The resident of Setapak, Kuala Lumpur, contended that he is not subject to Islamic law because he never professed the faith and his upbringing at home was in the beliefs and doctrines of Sikhism.

“To this day, I still practice Sikhism and regularly visit Sikh temples with my uncles and family and also celebrate all Sikh religious festivals and events such as Vaisakhi, Gurpurab, Akand Paath, Bandi Chor Divas, and Lohri.

“I have never willingly professed Islam at any point in time. I have never prayed in accordance with the Muslim faith or visited a mosque.

“I have never celebrated any Muslim festival or adopted any Islamic beliefs, including consuming only halal food or beverages and fasting.

“To the contrary, I would usually be vegetarian whenever I visited the temple or prior to a Sikh festival,” the man contended in the filing sighted by Malaysiakini.

‘Maintain faith in Sikhism’

The applicant contended that Item 1 under “List II-State List” of the Ninth Schedule of the Federal Constitution states that Islamic laws only apply to persons “willingly professing the religion of Islam”.

“Throughout my life, when called upon to make an oral declaration of my religion of choice, I have always answered ‘Sikhism’. I state that the general reputation of me among my friends and family is that I am a Sikh.

“I also state that although I was forced to take Pendidikan Islam in school, I did not sit for the Sijil Pelajaran Malaysia (SPM) examination and instead discontinued my studies as I was not interested in taking Pendidikan Islam as a subject in the SPM examination.

“Based on my understanding and appreciation of Sikhism, I truly have faith in the beliefs and doctrines of Sikhism, and regard Sikhism as my only path to spiritual well-being, peace of mind, and personal happiness.

“I emphasise that I intend to maintain my faith and beliefs in Sikhism and continue to acknowledge and practice Sikhism.

“I cannot, and will not, under any circumstances retract or abandon my Sikh religious beliefs or embrace any other religion. I also cannot and will not adopt any other belief system or doctrine.

“I uphold my right to practice Sikhism as guaranteed under Article 11 of the Federal Constitution.

“This is also a human right as stated in the 1948 Universal Declaration of Human Rights by the United Nations as well as various other human rights instruments,” the man said.

Risking arrest for practising Sikhism

The applicant contended that the interpretation of Islamic law by the two defendants - MAIWP and the federal government - is incorrect and would result in a violation of his rights and interests as a follower of Sikhism.

The man pointed out that he could be investigated, detained, or arrested by religious enforcement officers, as well as prosecuted and convicted in the Syariah courts for merely practising Sikhism.

He contended that among the activities the Islamic authorities could probe and charge him for are Sikhism worship, eating or drinking in public during Ramadan, refusing to pay zakat, drinking alcohol, and being alone in a house with a woman.

“Further, I cannot marry my non-Muslim partner who is known, loved, and cherished by me. As a result of this, I am still unmarried and cannot have legitimate children.

“I also state that when I die, my remains will be taken by the officers of the Muslim religious body for burial in accordance with Islamic funeral rites, not respecting my wish to follow Sikh religious funeral rites.

“I also assert that I cannot bequeath or dispose of by will, any and all property in my possession, in the event/at the time of my death. Instead, my property will be managed through an Islamic religious council in a way that is contrary to my wishes,” he said.

The man also lamented that his situation restricted his access to books, pamphlets, audio, and video recordings on Sikhism.

The High Court is set to hear MAIWP’s striking out application on Sept 30.

Law firm Raj & Sach is acting for the man.

Law firm Khalek Awang & Associates represented MAIWP, while the Attorney-General’s Chambers appeared for the federal government.

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