BRANDON YEOH PHEE LIANG v KETUA PENGARAH JABATAN PENDAFTARAN NEGARA

Case Significance

Illustrates the jurisdictional boundary between the civil and Syariah courts in matters of religious status, confirming that a declaration that a person is a non-Muslim, and the consequential updating of official records, is a matter for the Syariah Court rather than the civil High Court.

This High Court decision at Shah Alam, delivered by Rozi binti Bainon JC, concerns an originating summons in which the plaintiff sought a declaration that he is, and has always been, a non-Muslim, together with an order in the nature of mandamus directing the Ketua Pengarah Jabatan Pendaftaran Negara (the Director General of the National Registration Department) to update the plaintiff's religious status in the department's records. The application invoked the Akta Mahkamah Kehakiman 1964 (Courts of Judicature Act 1964), Perkara 11 dan Perkara 12(4) Perlembagaan Persekutuan (Articles 11 and 12(4) of the Federal Constitution) concerning freedom of religion, provisions of the Law Reform (Marriage and Divorce) Act 1976, and sections 41 and 44 of the Akta Relief Spesifik 1950 (the Specific Relief Act 1950).

The central question was one of jurisdiction: whether a civil High Court may grant a declaration that a person is not, or is no longer, a Muslim, or whether that determination lies within the exclusive province of the Syariah Court. The Court approached the statutory words on their plain meaning, invoking the principle — expressed in Duport Steels Ltd v Sirs — that where the words of a statute are plain and unambiguous it is not for the judges to invent fancied ambiguities to avoid giving effect to their plain meaning, however inexpedient the consequences might seem.

The Court held that the declaration sought fell within the jurisdiction of the Syariah Court, since a determination of whether a person remains subject to Islam is a matter concerning the religion of Islam reserved to that court; only once the Syariah Court has determined the question does the civil consequence follow. Accordingly the Court dismissed the originating summons, with costs of RM3,000 payable to the defendant. The judgment is a useful illustration of the jurisdictional boundary between the civil and Syariah courts in matters of religious status, confirming that a declaration that a person is a non-Muslim, and the consequential updating of official records, is a matter for the Syariah Court rather than the civil High Court.