Subject: Malaysia Constitutional Law

Question: Tony and Amanda were married under the Law Reform (Marriage and Divorce) Act 1976 (the 'LRA'). There were three children of the marriage. On 11 November 2019, Tony converted to Islam and subsequently, Amanda received documents from Tony showing that her three children, Keira, Brenda and Jason had been converted to Islam and that the Pengarah Jabatan Agama Islam Selangor had issued three certificates of conversion to Islam on the said three children. The documents also showed that the Registrar of Muallafs had registered the children as Muslims.

Aggrieved, Amanda filed an application for judicial review at the High Court for an order of certiorari to quash the certificates of conversion to Islam of the children. Amanda contended that the issuance of certificates of conversion to Islam by the Registrar of Muallafs were ultra vires and illegal. At the High Court, it was held that Article 121(1A) of the Federal Constitution does confer jurisdiction for constitutional interpretation on the Syariah courts to the exclusion of the civil courts.

Amanda was devastated when the High Court verdict was read aloud and started to shout protesting against the decision. Amanda also slammed the entrance door with a loud bang. She was arrested and was locked in a cell for the night. When she required why she was being detained, she was told, 'we need to investigate you further'. Next morning, she was interviewed, verbally abused and made to stand for two hours. She became really angry and asked to see a lawyer and also have her family informed. Both requests were refused. She was detained at the Shah Alam police station for three days.

Jason, also known as Jamal, aged 17, continued to live with Amanda and willingly participated with her in Hindu religious and cultural practices. At age 19 Jason fell in love with an English girl and wished to marry her at the civil registry. As his I.C. showed that his religion was Islam, he was not allowed to contract a civil marriage. The girl refused to convert.

Determined to marry the lady of his dreams, Jason tried a number of measures:

1. He issued a Statutory Declaration that he was never a practicing Muslim, that he no longer wishes to be known by his Muslim name, and that he has reverted to Hinduism.
2. He applied for a change of name and religion on his national I.C.
3. He also applied to the Syariah Court in his area for a Declaration that he is not, and never was, a Muslim. Alternatively, he seeks to renounce Islam.

Your expert opinion is sought in relation to the following issues:

a. Amanda wants to know the lawfulness of her arrest and detention.

b.Jason wants to know the constitutional issues involved and his rights, if any, under the Federal Constitution.

Analyse and advise Amanda and Jason?

[***Format for the answer, using ILAC (*more detail on application and state more relevant case to support your argument)***]

For example:

1st Issue : whether or not the arrest and detention of Amanda is lawful under Section 5(1) of Federal Constitution?

Law (for 1st issue) ...Section 5(3) of FC...refer to case AAAA v. BBB...

Application (for 1st issue) ...Section 5(3) of FC...refer to case AAAA v. BBB...

Conclusion...

2nd Issue: whether Amanda has the right under Section 5(3) @ 5(4) of CPC?

Law (for 2nd issue) ...Section 5(4) of FC...as stated to case XXX v. YYY....

Application (for 2nd issue) ...Section 5(4) of FC...as stated to case XXX v. YYY....

Conclusion...

3rd Issue: WhetherWhether or not Jason can be allowed to convert to Hinduism from Islam under Section 121(1A) of FC?

Law (for 3rd issue) ...Section 121(1A) of CPC...based on case ZZZ v. OOOO...

Application (for 3rd issue) ...Section 121(1A) of CPC...based on case ZZZ v. OOOO...

Conclusion...

4th Issue: Whether or not he could change Jason name in his Identity Card under Section...?

Law (for 4th issue) ...Section...of CPC...based on case QQQ v. EEE...

Application (for 4th issue) ...Section...of CPC...based on case QQQ v. EEE...

Conclusion...

5th Issue: Whether or not the Jason has the constitutions issues involved and his right under under Section...?

Law (for 5th issue) ...Section...of CPC...based on case MMM v. NNN...

Application (for 5th issue) ...Section...of CPC...based on case MMM v. NNN...

Conclusion...