Kuching court defers hearing on mother’s right to child’s religious upbringing to Oct 11

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Kuching court defers hearing on mother’s right to child’s religious upbringing to Oct 11
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KUCHING, Sept 11 — The High Court here has postponed the hearing of a case regarding a mother’s right to her child’s religious upbringing until Oct 11 because an official...

KUCHING, Sept 11 — The High Court here has postponed the hearing of a case regarding a mother’s right to her child’s religious upbringing until Oct 11 because an official report from the National Registration Department is still pending.

The woman’s lawyer Joshua Baru had initially objected to SFC’s request for extension of time, suggesting that the hearing should start today as the JPN’s internal working is not the plaintiff’s issue but rather the age of her son, who will turn 18 on Oct 18. Earlier, the plaintiff’s other lawyer Clarice Chan pleaded to the court for the names of the parties be simply referred to “father”, “mother” and “child” throughout the court proceedings in order to protect their identities, in which the SFC had no objection.The 52-year-old plaintiff filed an originating summons in early August to seek a declaration that she has the right to determine the religion and upbringing of her teenage son, who at present has a Muslim name on his MyKad.

From earlier media report, it is understood that the son, who was born in Sabah and is now residing in Sarawak, has professed the Buddhist faith all his life.The boy declared support in his affidavit for his Buddhist mother’s legal challenge against JPN’s alleged delay in changing his religious status on his MyKad.

The mother and the boy’s father were married under Sabah’s Islamic Family Law Enactment 1992 on Aug 3, 1999 but she continued to practice Buddhism. The mother claimed she resubmitted the application on July 18 with supporting documents from her former husband as well as their son, which JPN accepted.

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