MAJLIS AGAMA ISLAM SELANGOR v 1. ) NIVETHAH A/P THAMAYANDIRAN 2. ) SWETHA A/P THAMAYANDIRAN

b-01ncvca-100-02-2024 Court of Appeal (Mahkamah Rayuan) 22 October 2025 • B-01(NCvC)(A)-100-02/2024 • 39 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (7)

Parties (3)

Case Significance

MAJLIS AGAMA ISLAM SELANGOR v 1. ) NIVETHAH A/P THAMAYANDIRAN 2. ) SWETHA A/P... is a Court of Appeal (Mahkamah Rayuan) decision dated October 22, 2025 (citation: b-01ncvca-100-02-2024). <p>MAIS appealed the High Court's declaration that two sisters born out of wedlock to a Hindu mother and Muslim father were Hindus and entitled to identity cards without the Islam designation. The Court of Appeal allowed the appeal, holding that under section 2(1)(b) of the Selangor Administration of the Religion of Islam Enactment 2003, a person born when either parent is Muslim is deemed a Muslim regardless of legitimacy, and that the case was properly characterised as one of renunciation fall The panel comprised Ahmad Fairuz bin Zainol Abidin, Lim Hock Leng and Mohd Nazlan bin Mohd Ghazali, with Mohd Nazlan bin Mohd Ghazali delivering the judgment. Counsel appearing: Abraham Au Tian Hui (counsel for respondent), Dato' Dr Gurdial Singh Nijar (counsel for respondent), Dato' Kamaruzaman Arif (counsel for appellant), Lim Sze Han (counsel for respondent), Sofiah Binti Omar (counsel for appellant).

Summary

MAIS appealed the High Court's declaration that two sisters born out of wedlock to a Hindu mother and Muslim father were Hindus and entitled to identity cards without the Islam designation. The Court of Appeal allowed the appeal, holding that under section 2(1)(b) of the Selangor Administration of the Religion of Islam Enactment 2003, a person born when either parent is Muslim is deemed a Muslim regardless of legitimacy, and that the case was properly characterised as one of renunciation falling within Syariah Court jurisdiction. The High Court's declarations were set aside with no order as to costs.

What was the outcome of MAJLIS AGAMA ISLAM SELANGOR v 1. ) NIVETHAH A/P THAMAYANDIRAN 2. ) SWETHA A/P...?

<p>MAIS appealed the High Court's declaration that two sisters born out of wedlock to a Hindu mother and Muslim father were Hindus and entitled to ide...

Statutes Cited

Births and Deaths Registration Act 1957
s 13 s 27(3)
Births and Deaths Registration Act 1957
s 13
Federal Constitution
Art 11 Art 74
Islamic Family Law Enactment
s 111

Cases Cited (3)

MY (3)
[2020] 4 CLJ 731 [2021] 3 CLJ 301 [2024] 5 CLJ 855