NRD set for dialogue on 'Islam' in MyKad

The Sabah National Registration Department (NRD) has set yet another date for a dialogue with non-Muslims who have been saddled with MyKads classifying them as Muslims.

The dialogue in Kota Kinabalu will take place after the Aidilfitri holidays, according to Kota Kinabalu lawyer Christina Liew (left).

Several dates set previously, including one by the deputy director-general of the NRD in Putrajaya, had been called off for various reasons.

“The Sabah director, being a local, is also knowledgeable about interfaith marriages in the state,” said Liew, who is also Sabah PKR deputy chief and Society of Hope chairperson. “He can help resolve the various problems of MyKad holders.”

She was elaborating on a statement she released yesterday on the proposed dialogue after meeting with Sabah NRD director Abdul Jaffear Henry.  

The NRD, continued Liew (left), is coming around to the view that this is not a case of disrespecting any faith but one of technicality which has affected many people and turned their lives upside down.

“These are ordinary people who just want to go about their daily lives,” said Liew.

At the meeting with Abdul Jaffear, she also collected the birth certificate for the two-year-old daughter of Adenin Ahmad (far left in photo), a Dusun Christian from Tuaran, who has been mistakenly issued with a MyKad stating that he was a Muslim.

The little girl was not issued with a birth certificate after she was born, apparently because of the confusion over the religious status of her parents. Her parents have also not been issued with a marriage certificate.

“Adenin has been told to wait for a decision from the Syariah Court to confirm his parents’ religious status,” said Liew. “They have already attended the hearing at the Syariah Court in April.”

A ‘bin’ in their names

The proposed dialogue followed Liew taking up the case of Adenin and his 82-year-old father Ahmad Bin Joseph, the latter also listed as a Muslim in his MyKad. The mistake in their MyKad reportedly stemmed from the fact that they have a ‘bin’ in their name and thereby assumed by Putrajaya to be Muslim.

Liew has so far made five attempts, including writing four letters to the Sabah NRD and Putrajaya, proposing a dialogue with MyKad holders whose religion has been wrongly listed on the document.

Through this dialogue, the NRD and the MyKad holders can discuss ways to rectify the mistake in the most efficient manner, she added.

“All affected MyKad holders should get ready all relevant documents like birth certificate, parents’ birth certificates and MyKads to be brought to the attention of the director,” said Liew. “They can also clear their doubts on the issue.”

In clear-cut cases, according to Liew, a simple verbal confession in front of the NRD official that they are not practicing Islam should suffice.  

In the case of Sabah, it appears that any person who wishes to change religious particular on the MyKad, if there was a mistake by the NRD, shall be free to do so by virtue of Article 11(1) of the Federal Constitution, Article 5A of the State Constitution and Section 65 of Title VI of the Malaysia Agreement.

However, as the case of Adenin and his father shows, they had to run the gauntlet at the Syariah Court.

They had to provide proof that they had not converted to Islam as per the provisions of Section 69 (1) of the Sabah Islamic Council Enactment 2004, that they don’t understand the ‘shahadah’ (profession of faith) and that they did not practice Islamic teachings.

NRD should have a simple procedure

Other lawyers’ in the know agree with Liew on the need for the NRD to simply matters.  

They point out that the National Registration Act is a civil law and the Syariah Court would not be any help for those who want to drop the word “Islam” from their MyKad.

The civil courts meanwhile refuse to act as the majority of judges being from the same community act on religious sentiments. The jurisdiction of the syariah is clearly spelt out in List II of the Ninth Schedule of the Federal Constitution, according to the lawyers.

Social activist Farouq Omaro said it was heartening that Liew was sympathetic to the issue. “However, it is saddening to note that many non-Muslim leaders within the government are showing little interest in these cases,” said Omaro.

It is high time, stressed Omaro, that the NRD formulated a simple procedure to allow non-Muslims to drop the word ‘Islam’ from their MyKad where there is evidence of a mistake having been made.  

If indeed true that apostasy had been committed, he added, then the state authorities may act as it should.

“But the most important thing here is that the MyKad correctly states the religion of the bearer.”