By Asia Samachar | Malaysia |
The Court of Appeal has ruled that a man seeking to have his official religious status changed from Islam to Sikhism cannot pursue the matter in the Civil Court.
A three-member bench on Sept 25 allowed appeals by the Federal Territory Islamic Religious Council (MAIWP) and the Malaysian government to strike out an originating summons filed by Shehzad Malik Muhammad Sarwar Malik.
The panel comprised Justices Mohd Firuz Jaffril, Faizah Jamaludin and Meor Hashimi Abdul Hamid.
Delivering the unanimous decision, Mohd Firuz said the case involved the renunciation of Islam and that the relief sought by Shehzad Malik could only be granted by the Syariah Court.
“The respondent here cannot come to the Civil Court as the Civil Court has no jurisdiction to grant the orders,” Bernama quoted the judge as saying.
The court held that Shehzad Malik was legally identified as a person professing Islam, adding that whether he believed in the faith or practised Islamic teachings was irrelevant to the jurisdictional issue.
Shehzad Malik filed the action in December 2023, saying that although his parents professed Islam when he was born in June 1996, he was raised as a Sikh by his mother, the Malaysian newswire reported.
Following his mother’s death in 2007, he said he was raised by his uncle, who also professed and practised Sikhism.
He sought a declaration allowing the National Registration Department’s record of his religion to be amended from Islam to Sikh, and for his name to be changed from Shehzad Malik bin Muhammad Sarwar Malik to Bilawal Singh Bhutter.
The High Court had on Oct 24, 2025 dismissed applications by MAIWP and the government to strike out his suit, leading both parties to appeal.
The Court of Appeal also rejected a preliminary objection by Shehzad Malik’s lawyers challenging the competency of the appeals.
Lawyers Sachpreetraj Singh Sohanpal and Amanda Sonia Mathew represented Shehzad Malik, according to Bernama.
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