Syariah Court Decides Nyonya Tahir Not A Muslim

Bernama news agency, Kuala lumpur
23 January 2006


Syariah Court Decides Nyonya Tahir Not A Muslim
January 23, 2006 21:18 PM

SEREMBAN, Jan 23 (Bernama) -- The Syariah High Court, here Monday
decided that an 89-year-old Malay woman, Nyonya Tahir, was a non-
Muslim when she died last Thursday and allowed her family to bury
her according to Buddhist rites.

Judge Mohd Shukor Sabudin made the decision after hearing the ex-
parte application by the Negeri Sembilan Islamic Affairs Council
(MAINS), Negeri Sembilan Islamic Affairs Department (JHEAINS) and the
JHEAINS director.

He also took into consideration an affidavit submitted by Nyonya's
youngest son, Chiang Ah Fatt, 40, as well as the evidence adduced by
Ah Fatt and his elder sister, Chiang Kwang Ying, 43.

"The court permits the next-of-kin of the deceased to conduct her
burial. The court orders the Tampin Hospital to hand over the body to
her next-of-kin," he said.

MAINS and JHEAINS had applied last Friday for the court's decision on
the religious status of Nyonya and the request of her family to bury
her according to Buddhist rites.

The plaintiffs were represented by Syariah lawyer Siti Harlina
Shahran while Syariah lawyer Koo Chin Nam, assisted by Kevin Koo S K,
held a watching brief for Nyonya's family.

Syariah lawyer Muhamad Burok, who is chairman of the Syariah Lawyers
Association of Malaysia, held a watching brief for the association.

Also present during Monday's proceedings were JHEAINS Director Datuk
Zaharudin Mohd Shariff, Repah State Assemblyman Datuk Gan Chin Yap,
Temiang State Assemblyman Datuk Lee Yuen Fong, Rahang State
Assemblyman Datuk Yip Chee Keong and Chuah State Assemblyman Foo Ming
Chee.

Ah Fatt's affidavit, among other things, referred to the report of an
investigation by the Alor Gajah Islamic Affairs Office in Melaka on
May 7, 1986 on Nyonya and her husband, Chiang Meng.

The report stated that Nyonya was born in 1918 in Alor Gajah, Melaka,
and had been raised by her grandmother, who was a Malay married to a
Chinese convert of Hailam descent.

The investigation had shown that Nyonya had been raised as a Buddhist
and that at the age of 18 years, in 1936, she married a Chinese man,
Chiang Meng, and they had 13 children. Nyonya practised Buddhism and
her husband never embraced Islam. The report stated that Nyonya had
declared that she wanted to remain a Buddhist and that upon her death
she wanted to be buried according to Buddhist rites.

Ah Fatt, when asked by the court, said he had submitted the affidavit
because he wanted to ask the court to hand over his mother's body for
burial according to Buddhist rites.

He said his mother had never practised Islam and had consistently
adopted the Chinese way of life and had been a loyal Buddhist.

"I lived with my mother until she died and all the while she had only
practised Buddhism and never Islam," he said.

Kwai Ying said that when her mother fell ill recently, she had asked
to be buried next to the grave of her husband.

"My mother's Chinese name was Wong Ah Kiu. We went to the National
Registration Department in 1986 to change her name but the
application was rejected," she said.

Nyonya had died of old age at her Taman Indah home in Tampin. The
status of her religion became a point of contention when her children
and grandchildren came to report her death at the Tampin police station.

Eight of Nyonya's 13 children were at the Syariah Court as early as 8
am to wait for its decision. Kwai Ying said the family was relieved
upon hearing the decision of the court.

JHEAINS Director Datuk Zaharudin handed over the court order to Ah
Fatt at the Tampin Hospital at about 5.50 pm. Tampin District Police
Chief Supt Zull Aznam Haron also handed over the death certificate
and burial permit.

Nyonya's body was taken by the family from the Tampin Hospital
mortuary straight to the Simpang Ampat Chinese cemetery in Alor Gajah
for burial.