A Malaysian mountaineering hero who scaled Mount Everest was buried as a Muslim today, against the wishes of his wife who disputed claims that he converted from Hinduism, her lawyer said.

The High Court ended a battle that broke out after the death of former army officer M Moorthy by saying that the matter had already been decided by a religious court, which ruled last week that he had converted to Islam.

"The civil court has no jurisdiction and cannot act to review the Shariah Court's decision," judge Mohd Raus Sharif said.

He added that Act 121 (1A) of the federal constitution clearly states all matters pertaining to Islam should be handled by the Syariah Court.

Moorthy, who died last week at the age of 36, was part of Malaysia's 1997 Mount Everest team and one of two members who reached the peak.

Religious authorities and former Muslim army colleagues said the army officer converted to Islam last year and changed his name to Mohammad Abdullah.

But his wife Kaliammal Sinnasamy ( right ) had insisted that he died a Hindu and filed a court order to claim the body of her husband which was held at a Kuala Lumpur hospital.

She was unable to check the claims with Moorthy, who was partially paralysed in an accident seven years ago and lapsed into a coma on Nov 11 after falling from his wheelchair.

Ugly scenes erupted as family members and the state Islamic religious department, or Jawi, argued over Moorthy's body at the mortuary.

Greatest setback

Kaliammal's lawyer, A Sivanesan ( right ), said an appeal would be lodged against the verdict, even though religious authorities acted within hours of the ruling to bury Moorthy's remains at a Muslim cemetery in Kuala Lumpur.

None of the family members attended the funeral, he said, adding that they would hold prayers at home later.

"As far as she is concerned, the soul of Moorthy is still with her, they can do what they wish with the body," he said.

Sivanesan said the court ruling was "the greatest setback for non-Muslims in the country."

"The Shariah Court decision is final and not to be challenged by any court in this country. Unless there is no change to the law, there are no safeguards for non-Muslims in the country," he said.

Outside the courtroom, a subdued crowd of 200 people, mostly Indian Malaysians, received the court decision with dismay.

Jawi director Che Mat Che Ali said the organisation would not immediately comment on the decision and discussions about how to proceed were ongoing.

Commenting on the court's decision, Syariah Lawyers Association president Muhamad Burok said that the decision showed that both the civil and syariah courts respect one another.

He added that the legal system is working perfectly and this has benefitted the society.