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Malaysian Appellate Court Says Status As Muslim Up To Syariah Court

By Howard M. Friedman

According to Bernama, Malaysia's Court of Appeal ruled yesterday that only the Syariah Court has jurisdiction to determine whether someone is Muslim.  The ruling came in an appeal of a 2005 lower court decision refusing to turn the body of former army commando and famed Mt. Everest climber M. Moorthy over to his Hindu wife for burial. (See prior posting.) The Kuala Lumpur Islamic Affairs Religious Council obtained an ex-parte order from the Syariah Court stating that Moorthy had embraced Islam prior to his death and it buried him in a Muslim cemetery. The Court of Appeal said that Moorthy's widow can apply to the Syariah Court to have the ex parte order set aside.  The widow's attorney said he would file for leave to appeal to the Federal Court.

Full post as published by Religion Clause on August 22, 2010 (boomark / email).