Four men seeking official recognition that they have renounced Islam and thus are immune from syariah laws, have found themselves becoming victims to a conflicting system, says rights group Suaram.

According to the group's 2003 Human Rights Report, Madyaacob Ismail, Daud Mamat, Kamariah Ali and Mohamed Ya filed a motion in November 2003 at the Federal Court seeking judicial acknowledgment of their renouncement.

Their lawyers cited that Malaysia is a signatory of the Universal Declaration of Human Rights, the Bangkok Declaration and the Vienna Declaration, all which includes a freedom of religion clause, and argued that domestic laws must conform to international norms.

"As long as Malaysia presents to the international community that its citizens enjoy freedom of religion, the government must not act and interpret domestic laws in a way that inhibits meaningful exercise of that freedom," added Suaram.

Conflicting laws

The lawyers further argued that in Part II of the federal constitution, Article 11(1) states that every individual has the right to profess, practice and propagate any religion.

"Included in that right is the right to renounce, or not to profess, any religion," added the report.

The authorities acknowledge this fact. However, they had said that the group could only renounce their religion through the syariah court, in which they would be exposed to possible imprisonment and death penalty for apostasy.

Given the situation, Suaram said that the possible judicial ramifications would forms a restriction on fundamental human rights to freedom of religion.

"Such restrictions on apostasy, because they are imposed only on Malays, and converts to Islam, are also in contravention of Article 8(1) and 8(2) of the constitution, which guarantee equal protection under the law...," said the report.

Drama began in 1992

The drama for the foursome originally started in 1992, when they were arrested for deviationist teachings and charged in the Kelantan Syariah Court, and sentenced to 20 months imprisonment.

The four later formally renounced their faith before a commissioner of oaths in August 1998.

"In doing so, they hoped to sever all ties with Islam, with the syariah court, and with their otherwise peaceful existence," the report said.

Eventually in October 2000, they were again charged by the Kelantan Syariah Court and sentenced to three years of rehabilitation at a Islamic rehabilitation camp, the report added.

Their habeas corpus application were turned down two weeks later by the Kelantan High Court, claiming that matters pertaining to Islam were not within its jurisdiction, but with the syariah court.

Each member of the group all served two of the three-year sentences and were released in November 2002.