Revision Cases

2.  Norsila Binti Kasim
20140529-01-5339
 Siti Nurhalifah Binti Sahbudin
20140529-01-5338
Lecturer
Mrs. Nur Farahin Afiqah Binti Daud

3. 1. A man converted from Sikh
religion to Islam. Gurdev Singh
s/o Guruvak Singh (the
deceased)
2.Was born and brought up in
Sikh faith. Live with his mother
(the appelant). Died on 3
October 1991, mother asked
for declaration of the time
deceased was death not
Muslim
3. Was supervisor at the factory
he worked and had a girl
friend (or fiancee) Siti Noraini
work at the same factory.
4. Converted to Islam on 1
June 1991 before District of
kadi, Kulim. Signed the deed
poll on 9 September 1991 and
resumed the Sikh faith.
Fact of the Case

4. Issue
Appeal
Mother of the
deceased (the
appelant)
Asked court for
declaration of
her son status
the time of
death was not
Muslim
.

5. Principles
Types of Crimes
Mens Rea (Assault)
On 6 September 1991, the
deceased assault his girl friend
on front of the factory because
went out with another man.

6. Arguments
1. The deceased
converted to Islam but
still practiced old faith.
2. Fatwa Commissioner
and Majlis Agama Islam
Kedah having a
conference about the
deceased status.
3. The deed poll was
important to determine
whether the deceased
death in Islam or not.

7. Conclusion,
Judicial
Commissioner
said the sign of
deed poll was
not the
deceased.
Appelant appealed,
the case remitted to
High Court for
Judicial
Commissioner
learned to refer
questions of Islamic
Law to the Fatwa
Comitte.
Judgement

8. Commentary
Disagree with the
court Judgement, the
deceased was declared
as Muslims person
because no such thing
punishment someone
become apostate in any
Syariah courts at Kedah.