JUNE 22 — By definition, a Muslim is not limited to someone who professes the religion of Islam.
To profess is to affirm one’s faith in a religion. According to the majority decision of the Federal Court in the Sisters in Islam Forum case, only a natural person can profess a religion.
However, by definition, a person includes a body of persons, whether corporate or unincorporated.
Even if we accept the majority view that only a natural person can profess, there are five other categories under which a person may be considered a Muslim:
(a) a person either or both of whose parents were Muslims at the time of the person’s birth;
(b) a person whose upbringing was conducted on the basis that they were a Muslim;
(c) a person who has converted to Islam in accordance with the requirements of section 85;
(d) a person who is commonly reputed to be a Muslim; or
(e) a person who has stated, in circumstances where they were legally bound to tell the truth, that they were a Muslim, whether the statement was verbal or written.
Since a person includes a corporate body, that body is considered a Muslim if it is commonly reputed to be so — as in the case of Sisters in Islam.
I respectfully agree with the single dissenting judge that the name Sisters in Islam clearly reflects its identity.
By definition, Sisters in Islam should be regarded as Muslim by common reputation and therefore subject to fatwa.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
