Appeals court lets MAIWP strike out man’s bid to change religion from Islam to Sikhism

On September 25, the Court of Appeal granted permission for the Federal Territory Islamic Religious Council (MAIWP) and the government to challenge a man's petition altering his religious affiliation from Islam to Sikhism. A three-judge panel, composed of Justices Mohd Firuz Jaffril, Faizah Jamaludin, and Meor Hashimi Abdul Hamid, ruled that Shehzad Malik Muhammad Sarwar Malik's case constituted a renunciation matter, and only the Syariah Court could grant him the desired orders.

The court emphasized that the respondent was legally recognized as a person adhering to Islam; his lack of adherence to Islamic teachings or practices did not invalidate his religious identification. Initially, the panel dismissed a preliminary objection raised by Shehzad Malik's legal team, which contended that the appeals by MAIWP and the government were inappropriate for the court to hear and should be dismissed.

Justice Mohd Firuz determined that the appeals were valid. Shehzad Malik filed a lawsuit in December 2023, asserting that despite his parents professing Islam at the time of his birth in June 1996, he was raised as a Sikh after his mother passed away in 2007. He seeks a court decree to amend and correct his religious status on the National Registration Department's records to "Sikh" and change his name from "Shehzad Malik bin Muhammad Sarwar Malik" to "Bilawal Singh Bhutter."

The High Court dismissed MAIWP and the government's efforts to revoke the originating summons on October 24, 2023, leading to the appeal to the Court of Appeal. During the proceedings, attorneys Ahmad Kamal Abu Bakar and Arik Zakri Abdul Kadir represented MAIWP, while Senior Federal Counsel Husniyyah Hanapi argued for the government.

Shehzad Malik's legal representation consisted of Sachpreetraj Singh Sohanpal and Amanda Sonia Mathew.