In Karnan a/l Rajanthiran & Ors v Firdaus Wong Wai Hung, the plaintiffs, who were parents of underage non-Muslim children studying or intending to study in national or vernacular schools in Malaysia, commenced an action against the defendant, who claimed to be, and was known as, an Islamic preacher in Malaysia.
The plaintiffs were concerned with the defendant’s TikTok video, which allegedly contained advice encouraging children to change their religion without their parents’ knowledge and/or consent.
The plaintiffs initiated a suit against the defendant on the basis that the advice breached the right entrenched in Article 12(4) of the Federal Constitution, i.e. that the religion of a person under 18 years of age shall be decided by their parent or guardian.
The High Court then granted a mandatory injunction compelling the defendant to remove the TikTok video. The Court recognised that there was a serious issue to be tried and that the plaintiffs would suffer irreparable damage if their children changed their religion, among others.
The High Court has now granted a permanent mandatory injunction compelling the defendant to remove the TikTok video. The High Court held that, among others, the plaintiffs have the right to safeguard their constitutional rights. They have locus standi to bring the action not only in their own capacity but also by way of public interest litigation to safeguard the constitutional rights of non-Muslim parents from the defendant, who has intentionally, without any regard, infringed the rights of his fellow citizens.
An earlier version of this case summary was published by Foong Cheng Leong on LinkedIn.
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