8/21/2024 Malaysia (International Christian Concern) — In a significant legal victory, a 28-year-old Christian has finally had the label of “Islam” removed from his MyKad, or Malaysian identity card, after a decade-long struggle. The Kota Kinabalu High Court ruled in his favor, affirming that he is not a Muslim.
The case centered on 28-year-old Rieno Glant Oleant George’s upbringing and religious affiliation. Judge Datuk Zaleha Rose Pandin presided over the matter, emphasizing that Rieno had never practiced Islam or converted to the faith. Born to Christian parents and raised by his grandmother in a Christian household, Rieno’s background did not align with the definition of a practicing Muslim under Section 2 of the Majlis Ugama Islam Sabah (MUIS) Enactment 2004.
Crucially, the court considered a letter from the Jabatan Hal Ehwal Agama Islam Negeri Sabah (JHEAINS), which confirmed that Rieno was not listed as a convert in the Sistem Maklumat Muallaf (list of Muslim converts). This confirmation was deemed “self-explanatory and crystal clear,” given JHEAINS’ role as the custodian of the full list of Muallaf in Sabah.
Furthermore, Judge Zaleha clarified that there was no automatic provision in the MUIS Enactment 2004 whereby a child must follow the religion of their mother upon her conversion to Islam through remarriage. Even if it were argued that Rieno had automatically followed his mother’s faith during his minor years, this was subject to the Federal Court’s decision in the Indira Gandhi case.
In her written judgment, Judge Zaleha unequivocally stated that Rieno was not and never had been a Muslim. Consequently, he did not need to seek recourse from the Syariah Court, as the civil court was the appropriate avenue for addressing this fundamental liberty issue under the Federal Constitution.
This ruling sets an important precedent, emphasizing the right of individuals to have their religious status accurately reflected on official documents. Rieno’s journey highlights the importance of legal clarity and respect for personal beliefs in a diverse society. His victory ensures that his MyKad now truly represents his identity.
This ruling sets a precedent for individuals seeking to change their religious status on official documents in Malaysia. It underscores the importance of respecting personal beliefs and ensuring accurate representation. While each case is unique, this decision may encourage others facing similar challenges to seek legal clarity and assert their rights through civil courts.
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