MLS - Conflicts

8/3/2019 MLS - Conflicts

1/11


2/11

Now one of the biggest tools of anti-Islam/anti-Muslim propaganda is based on theissue of apostasy, claiming that Islam does not

uphold the freedom of faith.

Undeniably, the traditional position of Muslim

scholars and jurists has been that apostasy[riddah] is punishable by death


3/11

the person in question :(a) has understood and professed the Shahadah,(b) has acquired knowledge of those rulings of

the syariah, necessarily known by all Muslims,(c) is of sound mind at the time,

(d) has reached or surpassed puberty, and(e) has consciously and deliberately rejected or

consciously and deliberately intends to reject asuntrue either the shahadah (and what it iscommonly known to entail) or those rulings of the

shariah necessarily known by all Muslims. Malikischolars additionally require that the person inquestion

(f) have publicly engaged in the obligatory practices ofthe religion.


4/11

Apostasy is a cutting ones adherence to Islamby intending to do so, by saying somethingwhich would caused one to fall into disbelief,

or by action. No difference to be observed between whether

this was done with the intention of sarcasmand satire or through conviction.


5/11

The right to freedom of religion is guaranteedin Article 11(1) of the Federal Constitution ofMalaysia. However, as Islamic matters belong

to the state jurisdictions, most provisions inrelation to apostasy are under the exclusivejurisdiction of the Shari'a Courts. Apostates aresubject to punishments such as fine,

imprisonment and whipping.


6/11

Dalip Kaur v Pegawai Polis Daerah, Balai PolisDaerah Bukit Mertajam & Anor

> The appellant appeal to the High Court of

Penang that her son, Gurdev Singh s/oGuruvak Singh (the deceased) was at that timeof his death (3rd Oct. 1991) not a muslim and/

or renounce the Islamic faith and alsoconsequential declaration that she was entitledto claim the body of the deceased from thedistrict hospital, Bukit Mertajam.


7/11

Deceased converted to Islam on 1 June 1991before the District Kadi of Kulim, Kedah.

Judicial Commissioner rejected the appeal (foran apostasy declaration) based on the groundthat the signature on the deep poll was not thatof the deceased.

Appellant appeals to the High Court but theearlier decision was confirmed.

The appellant then appealed again to the

Supreme Court, but the court held thatquestioned should be decided by the SyariahCourts.


8/11

Born as Azlina Jailani in 1964.

Converted at the age of 26 to Christianity

Change her name on her My Card in 1999 andwas recognized.

In the same year, she filed suit with the HighCourt by passing the Syariah Court to change

her religion in her My Card. In 2006, she filling the suit with Fedral Court

but majority verdict in 2007 rejected herproposal and dismissed.


9/11

Section 112 of Evidence Enactment whichprovides that the birth of a child during a validmarriage or within 280 days after its

dissolution, is conclusively proof of legitimacy,unless it can be shown that the parties to themarriage had no access to each other at anytime when the child could have been begotten.


10/11

A child born to a Muslim woman 4 monthsafter her marriage was declared legitimate dueto application by the civil court of section 112

of the Evidence Enactment.

In contrast with the provisions of

Mohammedan Law in regards to the samesubject matter, questions of legitimacy arereferred to the date of the conception of thechild, and not to the period of its birth.


11/11

Quotes from Moohummudan Law of Inheritance,p.36:

To establish the descent of a child from a man, it isnecessary that the relation between its parents, whichlegalizes their intercourse, should have subsisted at

the supposed period of its conception.A

ccordingly, ifa married woman should produce child within 6months from the date of the marriage, which is theshortest period of gestation in the human speciesaccording to the Moohummudan lawyers, its descent

is not established.

The paternity of a child born within six months ofmarriage is only established if the husband

acknowledges that child is his.

Documents

MLS - Conflicts