Teoh not a Muslim, rules Syariah High Court
Susan LoonePublished: Jun 12, 2014 6:49 AM | Updated: Jun 13, 2014 5:30 AM
The Penang Syariah High Court has ruled that Teoh Cheng Cheng is not a Muslim.
The Penang Syariah High Court has ruled that Teoh Cheng Cheng is not a Muslim.
Judge Zaim Mohd Yudim said she was not a Muslim at her time of death on June 7 as there were discrepancies in the date of her application for conversion in 1997.
"The testimonies by witnesses also showed that she never practised Islam in her life," said the judge.
Justice Zaim also ordered the Penang Islamic Affairs Council (MAIPP) and the Penang General Hospital, where the body is currently kept, to return it to Cheng Cheng's family.
The body was seized by the Penang Islamic Affairs Department (JAIPP) on Monday on grounds that she was a Muslim convert.
MAIPP, which oversees JAIPP, filed the case to seek a declaration on Cheng Cheng's religious status.
MAIPP's lawyer Wan Faridulhadi Mohd Yusoff said MAIPP was unsuccessful in proving that Cheng Cheng was a Muslim after she made the application to convert to Islam on 1997.
Wan Faridulhadi said MAIPP failed to prove Cheng Cheng was a practising Muslim between her application for conversion and her death.
He added that testimonies from the four witnesses - two from MAIPP and two from the deceased's family - were also considered and led to the decision today.
No signature on conversion card
Wan Faridulhadi explained that there were three disputed dates in the documents submitted - in the Islamic department's log book, the first page of her application and her conversion card.
Normally, the entire process, starting with the application, the proclamation of faith and the conversion would be done on the same date, he added.
Furthermore, Cheng Cheng had her name logged into JAIPP's registration book on Nov 14, 1997, which meant she had proclaimed her faith 10 days after she delivered her first child, Medelyn.
There were also two other dates which did not match on her document - Dec 6, when Cheng Cheng reportedly submitted her application for conversion and Dec 16, when she was issued her conversion card, Wan Faridulhadi said.
“It is impossible that someone who just gave birth (and was in confinement) could make a proclamation of faith,” Wan Faridulhadi (right) said.
Other than Medelyn, 17, and Yazman Ayob, 37, a surveyor with a private firm, MAIPP’s witnesses included Azimah Abdullah, 36, and Abdul Malik Abdullah, 51, who are MAIPP officers.
"There was also the absence of two signatures on the conversion card - the religious officer's and Cheng Cheng's," the lawyer added.
Meanwhile, lawyer Ramkarpal Singh, who represented the deceased's mother Tan Mah Suan (left, in floral blouse) said Tan received the official order to retrieve Cheng Cheng's body from the hospital today.
On the civil suit filed by Tan, 64, in the High Court in Penang today, Ramkarpal (right in photo) said the lawyers would decide whether to proceed with or withdraw from the case.
Ramkarpal also thanked Wan Faridulhadi for helping to resolve the case.
Cheng Cheng's cousin Teoh Chew Choo expressed relief that the case has been settled.
"However we remain disappointed over the incident which got us into so much trouble lately. JAIPP's officers should be sacked," Teoh said.
Cheng Cheng's daughter Medelyn, dressed in a green headscarf and baju kurung and Yazman, covered his face with a scarf over the duration of the trial were seen hurrying out of the court compound in separate cars.
Body cremated at 5.20pm
Cheng Cheng’s body was finally cremated at the United Hokkien Cemeteries in Batu Gantung at 5.20pm.
The family, represented by her brother Teoh Beng Chong, retrieved her body from the Penang General Hospital at 5pm.
“She will finally be laid to rest, in peace,” Beng Chong said when met at the mortuary.
A Taoist priest conducted the final rites before Cheng Cheng’s body was sent into the furnace, in the presence of a few family members and friends.
Her mother tearfully cried out her daughter’s name several times as she approached the coffin.
Cheng Cheng’s Muslim boyfriend, wearing a mask, and her four children, were present at the cremation.
The children, three girls and a boy, knelt before the coffin and prayed with joss sticks before they bade their mother goodbye.
They were very calm and showed little emotion.
Cheng Cheng had three children aged between 10 and 17 with the Muslim boyfriend whom she never married.
Later, the Muslim man expressed sadness, adding, “It is unfair for them to go through this,” and declined to speak further.
Ramkarpal, who was at the funeral, said the suit filed at the High Court this morning seeking a declaration of Cheng Cheng’s religious status would be cancelled.
However, Ramkarpal said, the family would probably go ahead and sue JAIPP for seizing Teoh’s body without confirming if she was indeed a Muslim.
“It was a happy ending but a bad start. JAIPP officers were negligent, as confirmed by the Syariah Court today.
“We will discuss with the family about their options to sue the errant JAIPP officers. Let them grieve first. We hope there is no repeat of such an incident in future,” Ramkarpal added.
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Judge Zaim Mohd Yudim said she was not a Muslim at her time of death on June 7 as there were discrepancies in the date of her application for conversion in 1997.
"The testimonies by witnesses also showed that she never practised Islam in her life," said the judge.Justice Zaim also ordered the Penang Islamic Affairs Council (MAIPP) and the Penang General Hospital, where the body is currently kept, to return it to Cheng Cheng's family.
The body was seized by the Penang Islamic Affairs Department (JAIPP) on Monday on grounds that she was a Muslim convert.
MAIPP, which oversees JAIPP, filed the case to seek a declaration on Cheng Cheng's religious status.
MAIPP's lawyer Wan Faridulhadi Mohd Yusoff said MAIPP was unsuccessful in proving that Cheng Cheng was a Muslim after she made the application to convert to Islam on 1997.
Wan Faridulhadi said MAIPP failed to prove Cheng Cheng was a practising Muslim between her application for conversion and her death.
He added that testimonies from the four witnesses - two from MAIPP and two from the deceased's family - were also considered and led to the decision today.
No signature on conversion card
Wan Faridulhadi explained that there were three disputed dates in the documents submitted - in the Islamic department's log book, the first page of her application and her conversion card.
Normally, the entire process, starting with the application, the proclamation of faith and the conversion would be done on the same date, he added.Furthermore, Cheng Cheng had her name logged into JAIPP's registration book on Nov 14, 1997, which meant she had proclaimed her faith 10 days after she delivered her first child, Medelyn.
There were also two other dates which did not match on her document - Dec 6, when Cheng Cheng reportedly submitted her application for conversion and Dec 16, when she was issued her conversion card, Wan Faridulhadi said.
“It is impossible that someone who just gave birth (and was in confinement) could make a proclamation of faith,” Wan Faridulhadi (right) said.
Other than Medelyn, 17, and Yazman Ayob, 37, a surveyor with a private firm, MAIPP’s witnesses included Azimah Abdullah, 36, and Abdul Malik Abdullah, 51, who are MAIPP officers.
"There was also the absence of two signatures on the conversion card - the religious officer's and Cheng Cheng's," the lawyer added.
Meanwhile, lawyer Ramkarpal Singh, who represented the deceased's mother Tan Mah Suan (left, in floral blouse) said Tan received the official order to retrieve Cheng Cheng's body from the hospital today.On the civil suit filed by Tan, 64, in the High Court in Penang today, Ramkarpal (right in photo) said the lawyers would decide whether to proceed with or withdraw from the case.
Ramkarpal also thanked Wan Faridulhadi for helping to resolve the case.
Cheng Cheng's cousin Teoh Chew Choo expressed relief that the case has been settled.
"However we remain disappointed over the incident which got us into so much trouble lately. JAIPP's officers should be sacked," Teoh said.
Cheng Cheng's daughter Medelyn, dressed in a green headscarf and baju kurung and Yazman, covered his face with a scarf over the duration of the trial were seen hurrying out of the court compound in separate cars.
Body cremated at 5.20pm
Cheng Cheng’s body was finally cremated at the United Hokkien Cemeteries in Batu Gantung at 5.20pm.
The family, represented by her brother Teoh Beng Chong, retrieved her body from the Penang General Hospital at 5pm.
“She will finally be laid to rest, in peace,” Beng Chong said when met at the mortuary.
A Taoist priest conducted the final rites before Cheng Cheng’s body was sent into the furnace, in the presence of a few family members and friends.Her mother tearfully cried out her daughter’s name several times as she approached the coffin.
Cheng Cheng’s Muslim boyfriend, wearing a mask, and her four children, were present at the cremation.
The children, three girls and a boy, knelt before the coffin and prayed with joss sticks before they bade their mother goodbye.
They were very calm and showed little emotion.
Cheng Cheng had three children aged between 10 and 17 with the Muslim boyfriend whom she never married.
Later, the Muslim man expressed sadness, adding, “It is unfair for them to go through this,” and declined to speak further.
Ramkarpal, who was at the funeral, said the suit filed at the High Court this morning seeking a declaration of Cheng Cheng’s religious status would be cancelled.
However, Ramkarpal said, the family would probably go ahead and sue JAIPP for seizing Teoh’s body without confirming if she was indeed a Muslim.
“It was a happy ending but a bad start. JAIPP officers were negligent, as confirmed by the Syariah Court today.
“We will discuss with the family about their options to sue the errant JAIPP officers. Let them grieve first. We hope there is no repeat of such an incident in future,” Ramkarpal added.
Related stories
Deceased never Muslim, Penang court hears
Islamic authorities sued over bodysnatching
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