Leaving Islam: The Orang Asli's court battle
A Malaysian judge has upheld the appeal of a small tribal group in Pahang State, ordering the case to be heard by the High Court. They claim that they have always professed a traditional animist religion and that they have been misled because of their lack of knowledge of the Malay language, in violation of the Aboriginal Peoples Act.
Kuala Lumpur (AsiaNews) - 137 Orang Asli natives of the Bateq Mayah tribal group, who claim they were forcibly converted to the Islamic religion, will finally have the chance to take their case to court.
Judge Datuk S. Nantha Balan, who led the panel of judges, referred their lawsuit to the Kuantan High Court (the capital of Pahang State) for hearing, saying that the plaintiffs' case must be heard because it involves very serious and outrageous allegations of illegal forced conversion.
He added that federal and state authorities are free to file their defence briefs by 11 November, while the hearing of the case is scheduled for the following day.
Last year, the High Court had granted the request by the federal government and five other defendants to set aside the civil action filed by the tribes without hearing its merits.
In his verdict, Nantha Balan said that in the interest of justice, the High Court should not have dismissed the application filed by the plaintiffs due to expiry of time limits. Filed on 28 September 2022, the case alleged that the illegal and unlawful conversion was carried out in April 1993.
This case has rekindled attention on the Orang Asli, an ethnic minority group wrongly associated with the Muslim community. It also happens in government plans and censuses.
These 137 people, followers of a traditional animist religion, filed the lawsuit to restore their original identity as non-Muslims. According to the lawyers in charge of their legal protection, the conversion was extorted on the basis of their incomprehension of the Malay language.
It was only years later that they realised that their status violated the Aboriginal Peoples Act of 1954, which aims to protect their traditions and protect indigenous peoples from exploitation and discrimination.
Their situation came to light after the intervention of Orang Asli lawyer and human rights activist Siti Kasim (pictured). Speaking to the media after the proceedings, he said: ‘They contacted me more than 10 years ago about their situation. Even after the High Court granted the federal government's request last year, they did not give up. Eventually, we also brought in other lawyers to help them. They are determined in the battle to get what they want: to leave a religion they never wanted and never practised'.
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18/02/2022 15:23
