M'sian family wrongly labelled as Muslim on ICs allowed to change it to Christianity by High Court

The Sabah High Court has allowed a father and his three children to correct their Malaysian identity cards (MyKad) on Wednesday (Jan. 7) after they were wrongly recorded as Muslims, despite having always practised Christianity, reported Malaysian media.

The ruling

In its ruling, the court found that the religious status stated on their MyKad had been incorrectly entered based on assumptions made by officers from the National Registration Department (JPN) during the registration process, rather than on factual or legal grounds, reported The Star.

Justice Celestina Stuel Galid granted the application by Abdul Manap bin Bakusai @ Abu Bakar, a man from Pitas, Sabah, and his children, allowing their MyKad records to be amended to accurately reflect their Christian faith. No costs were ordered.

No renunciation of Islam involved

In delivering her decision, Justice Celestina stressed that the case did not involve any renunciation of Islam, as the family had never professed the religion in the first place.

She said the error arose from the manner in which the JPN had recorded their details, adding that the department’s mistake had effectively prevented the family from exercising their constitutional right to freedom of religion.

She added that it was “fundamentally wrong” for the NRD to decide a person’s religion on its own, adding that the department had overstepped its administrative role.

Justice Celestina said there was clear evidence that Abdul Manap and his children had always practised Christianity.

This included baptism records, other identity documents, and letters issued by churches confirming their religious affiliation.

The court found that these documents supported the family’s claim and contradicted the religious status recorded on their MyKad.

“Recurring administrative problems” flagged

The judge also raised broader concerns over what she described as “recurring administrative problems” within JPN when assigning a person’s religion.

She noted that similar errors had appeared in previous cases, with a person’s religion being recorded based on assumptions rather than verified information, sometimes even when applicants had provided clear instructions to the contrary, according to the New Straits Times.

The court cited a 2021 case in which applicants were registered as Muslims even though their father had expressly written “tiada” (none) for religion in the applicants’ registration forms, resulting in “Islam” still being recorded on their MyKad.

Describing the situation as troubling, Justice Celestina said such practices risked undermining fundamental rights guaranteed under the Federal Constitution.

Concerns for rural and illiterate applicants

Justice Celestina further expressed concern for vulnerable applicants, particularly those from rural areas or those who are illiterate.

She said such individuals often rely heavily on registration officers for assistance during the application process.

She said, as cited by the Daily Express Malaysia:

“The silence by the NRD on this matter, in my view, speaks volumes."

Top image from The Daily Express