INTRODUCTION TO CRIMINAL LAW

DALIP   KAUR  GURBUX SINGH v. PEGAWAI POLIS DAERAH (OCPD), BUKIT MERTAJAM &

ANOR.SUPREME COURT, KUALA LUMPUR

HASHIM YEOP SANI CJ (MALAYA), HARUN HASHIM SCJ, MOHD. YUSOFF MOHAMED SCJ

[SC CIVIL APPEAL NO. 02-442-1991]8 NOVEMBER 1991

Name Presenter

Norsila Binti Kasim20140529-01-5339

Siti Nurhalifah Binti Sahbudin20140529-01-5338

LecturerMrs. Nur Farahin Afiqah Binti Daud

4. Converted to Islam on 1 June 1991 before District of kadi, Kulim. Signed the deed poll on 9 September 1991 and resumed the Sikh faith.

Fact of the Case

IssueAppe

al

Mother of the deceased (the

appelant)

Asked court for declaration of her son status

the time of death was not

Muslim.

Principles

Types of CrimesMens Rea (Assault)

On 6 September 1991, the deceased assault his girl friend on front of the factory because went out with another man.

Arguments

1. The deceased converted to Islam but still practiced old

faith.

2. Fatwa Commissioner and Majlis Agama Islam

Kedah having a conference about

the deceased status.

3. The deed poll was important to

determine whether the

deceased death in Islam or not.

Conclusion, Judicial Commissioner said

the sign of deed poll was not the

deceased.

Appelant appealed, the case remitted to High Court for

Judicial Commissioner

learned to refer questions of Islamic

Law to the Fatwa Comitte.

Judgement

CommentaryDisagree with the

court Judgement, the deceased was declared

as Muslims person because no such thing punishment someone

become apostate in any Syariah courts at Kedah.