KUALA LUMPUR, Oct 8 — The Syariah High Court here today allowed the application by the Federal Territories Islamic Religious Council (MAIWP) for the ashes of a Muslim convert to be obtained and managed according to Islamic law (hukum syarak).
Syariah judge Mohd Amran Mat Zain made the decision after hearing the application from counsel acting for MAIWP, Zulkifli Che Yong.
MAIWP has named Kuala Lumpur City Hall (DBKL) as the respondent in its ex-parte application today.
Brian Eustale Steele @ Steele Shah Abdullah, 56, a production operator, had died on Oct 6. He was cremated and his ashes are now kept at the Urban Cleanliness Control Unit of DBKL’s Landscaping and Urban Cleanliness Control Department.
The deceased, a Eurasian, was confirmed to have septicaemic shock or blood poisoning and died at the Universiti Malaya Medical Centre. His remains were then cremated at the Jalan Kuari crematorium, here, according to Christian rites.
Mohd Amran in his brief judgment, said the court allowed the application after studying it and the affidavit submitted by MAIWP under Section 91 of the Administration of Islamic Law (Federal Territories) Act 1993.
“Through this document, MAIWP managed to prove that the deceased, Brian Eustale Steele @ Steele Shah Abdullah, was a Muslim before and at the time of his death.
“The remains of the deceased should therefore be managed or buried according to Islamic law and Islamic rites. Besides that, the party responsible for keeping his ashes are to surrender it to MAIWP, while the police are hereby ordered to watch over the process.”
Mohd Amran said failure to carry out the court order would tantamount to contempt of court.
In the affidavit, it is also stated that MAIWP had been informed through the Federal Territories Islamic Religious Department (Jawi) by the deceased’s cousin, Mohamad Noor Biggs Abdullah, 55, that the funeral and cremation arrangements were made by the former’s brother according to non-Islamic rites.
Mohd Amran said according to the facts of the case submitted to the court, the deceased had converted to Islam on Aug 20, 1975 and had pronounced the ‘syahadah’ at MAIWP office.
Upon his death, the deceased was cremated on Oct 7.
The judge said the court also took into consideration that during his lifetime, the deceased had never stated that he had left the Islamic faith and there was also no order from any court to say that he was no longer a Muslim.
Later, met outside the courtroom, Zulkifli said the deceased’s ashes would be dealt with tomorrow. — Bernama
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