KUALA LUMPUR, May 22 — A Selangor-born woman has obtained leave from the Federal Court to proceed with her appeals to challenge a Court of Appeal’s decision to reverse a High...
KUALA LUMPUR, May 22 — A Selangor-born woman has obtained leave from the Federal Court to proceed with her appeals to challenge a Court of Appeal’s decision to reverse a High Court’s previous declaration that she is “not a person professing the religion of Islam”.
Lawyer Datuk Malik Imtiaz Sarwar, who appeared for the 37-year-old woman in this case, wants the Federal Court to deliberate and decide on four questions of law. Malik also informed the court that the respondents in the case had no objections to his client’s application for leave, except for having two additional questions to be posed in addition to the aforementioned four questions of law.
The doctrine of prospective overruling dictates that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions. On January 13, the appellate court in a majority decision allowed appeals by the Selangor Islamic Religious Council and the state government toIn a two-one majority ruling, COA judges Datuk Yaacob Md Sam and Datuk Mohd Nazlan Mohd Ghazali ruled that the woman had failed to establish that she was not a person who professed the religion of Islam and that her suit in the High Court fell outside the jurisdiction of the civil courts.
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