Admissibility of Non-Muslim’s Witness Statement in Syariah Court: A Comparison Between Nyonya Binti Tahir and Kaliammal a/p Sinnasamy

Abstract

In January 2006, the landmark judgment made by the Syariah High Court of Seremban in the case of Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain that Nyonya Binti Tahir was no longer a Muslim at the time of her death and allowed her family to carry out her funeral. The decision was held after the Syariah High Court Judge considered the deceased affidavit and the testimonies of the deceased children who are non-Muslims. The decision contrasted with one made in December 2005, Kaliammal a/p Sinnasamy v. Pengarah Jabatan Agama Islam Wilayah Persekutuan (JAWI) dan lain-lain, in which the Federal Territories of Syariah High Court determined that the deceased, Mount Everest climber Moorthy a/l Maniam, was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. The Syariah Court of the Federal Territories refused to hear her testimony since she did not have any stand to testify in court. This case commentary critically analyses the rationale behind the Syariah High Court’s decision in the following case Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain in admitting non-Muslim testimony in the Syariah court.