Nyonya Tahir a non-Muslim

SEREMBAN: The late Nyonya Tahir was granted her wish to be buried a Buddhist after the Syariah High Court here ruled that she was a non-Muslim at the time of her death. 

“I am very happy that we can finally take our mother back and give her a proper burial,” said Nyonya’s 43-year old daughter Chiang Kwai Ying as she rushed with other family members to the Tampin Hospital to claim her mother’s body yesterday. 

Nyonya: Was born in 1918and raised as a Chinese

Koo China Nam held a watching brief for the family. 

Malaysian Syariah Lawyers Association president Muhamad Burok, who held a watching brief for the association, said that this was also the first time non-Muslims – Nyonya’s children, Kwai Ying and Ah Fatt – had come forward to provide information. 

Nyonya, 89, had died on Thursday but the state religious affairs department obtained an order to postpone her burial until the case was heard yesterday. 

Judge Mohd Shukor Sabudin ruled that Nyonya was found to be a non-Muslim at the time of her death and that he was satisfied with the documents, exhibits and statements provided by the witnesses.  

All eight of Nyonya’s surviving children and four grandchildren were present when the judgment was read out. The matriarch had 13 children with husband Chiang Meng, whom she married in 1936. 

Mohd Shukor, in his judgment, quoted Muslim scholar Syaikh Abu Syujak.  

The scholar had said in his book Kifayatul-Akhyar that a person who had left the Muslim faith should be asked to repent three times and if he did not, he should be killed, his body cannot be bathed according to Muslim rites, prayers cannot be performed for him and he cannot be buried in a Muslim cemetery. 

Among the documents produced were some from the Alor Gajah religious office and Mahkamah Kadi dated May 7, 1986, stating that Nyonya had made a written declaration that she wanted to live as a Buddhist and be buried as one. 

It was certified by the Commissioner for Oaths in Malacca.  

Born in 1918, Nyonya was raised by her Malay grandmother who married a Chinese convert, raised as a Chinese and continued to live as one after marrying Chiang, who did not convert to Islam.  

All the children were also registered and lived as Chinese. She also ate pork and practised the Buddhist faith after marriage.  

In his investigation at the time, Alor Gajah District religious affairs officer Ab. Azit Abdullah found that there was an altar in Nyonya's house where she performed prayers and that all her children had married Chinese Buddhists. 

In his report, Ab. Azit concluded that the woman did not intend to return to Islam because she had practised Buddhism since she was a child. 

However, Ab. Azit said that her Malay name Nyonya Tahir and Muslim religion remained on her identification card.  

Kwai Ying said her mother had gone to the National Registration Department and tried to change her name when she was alive but her request had been denied. 

“I was with my mother until her last breath and she practised the Buddhist faith. She never practised Islam as far as I know,” she said. 

Muhamad said the case acted as a precedent and could be used as a “formula” for similar cases in the future.  

“It shows that our two court systems – the Civil Court and Syariah Court – can exist in harmony, so the issue that the Constitution should be amended does not arise.  

“The decision shows that everyone can get protection from all the courts,” he said.