The renunciation of Islam must remain within the jurisdiction of the syariah courts, said PKR de facto leader Anwar Ibrahim.

Commenting on the Federal Court decision on Lina Joy's apostasy case, he said the decision is not about compelling her to return to Islam although she now professes Christianity.

"(It is) about the rules that must be complied with when an individual wishes to renounce Islam as his or her religion," he said in a statement.

"I believe that such a matter must remain within the jurisdiction of the syariah courts and whether or not such a renunciation is appropriate is a matter for the syariah courts to decide."

He pointed out that apostasy is akin to personal status matters such as divorce, wills and inheritance which has been established to fall under syariah laws in the various states.

"Though the substantive law and procedural requirements governing apostasy may vary in degree from state to state, the Federal Constitution provides that such matters are within the exclusive purview of the syariah courts," he said.

Last Wednesday, the apex court decided with a 2-1 majority that the word 'Islam' could not be removed from Lina's identity card and that she can only apostasise through the Syariah Court.

The case received worldwide attention and sparked an outcry from various civil rights groups who saw the judgment as an erosion of Article 11 of the Federal Constitution which guarantees freedom of religion.

Competence questioned

Anwar stressed that the controversy has been largely compounded by the failure of the authorities to strengthen public confidence in syariah courts

"With very few exceptions, recent decisions have lent credence to the general view of their incompetence and inability to resolve otherwise simple issues," he said.

He pointed out that the situation has been further aggravated by government's decision to stop any form of discourse on interfaith issues.

"The authorities have also failed to deal with this issue in a manner that would reassure non-Muslims that their constitutional freedom in respect of religion has not been compromised.

"It is also most deplorable that instead of demonstrating a new resolve to forge interfaith harmony in the light of this decision, the government is trying to gain political mileage from it."

However, Anwar said freedom of religion remains largely intact after the Federal Court decision.

"To my mind, the decision does not concern the propriety or otherwise of Muslims to renounce their religion but only makes it mandatory for erstwhile Muslims to apply to the Syariah Court should they wish to formalise their renunciation.

"It does not confer any new area of jurisdiction to the syariah courts which they do not already have."

He also said that it certainly does not authorise the syariah courts to determine the religious status of non-Muslims as some views would seem to suggest.

Anwar urged the public to exercise restraint in speech and action in matters relating to these issues as well as other matters that have the potential to stir up communal tension.

"Muslims must demonstrate greater commitment to the non-Muslims that the freedom to practise religions other than Islam will continue to be protected and respected and to appreciate that they are also sensitive about matters of religion," he added.