The federal government is studying the possibility of implementing standard procedures to deal with cases of apostasy in the country.

This is the position taken in an official report, issued in response to recommendations raised in the Malaysian Human Rights Commission's (Suhakam) 2010 report.

The report, from Minister in the Prime Minister's Department Nazri Aziz, who is also de facto law minister, said this matter is currently being studied by the Attorney-General's Chambers.

At present, only the Enakmen Pentadbiran Agama Islam 2003 of Negeri Sembilan outlines clear procedures for apostasy cases.

"Nevertheless, even without clear procedures, judges in syariah courts can use their discretion based on hukum syarak and the present laws to rule on cases regarding apostasy," the report says.

Citing the apostasy case of Lina Joy, the government states in the report that handling religious conversion by a Muslim must be based on methods and procedures set out in Islam.

"In this issue, the government is of the view that should there be a move to create clear procedures for religious conversion, it must refer to procedures available in syariah law and not based on human rights principles that are not based on hukum syarak ."

Counselling before conversion

The report also pointed out that the federal government preferred to hold to syariah enactment, which requires Muslims who intend to leave Islam to first go for counselling and repent.

"The authorities have the power to order an individual who wants to convert to go through counselling for as long as thought to be necessary, based on the facts of the case.

"If the individual refuses to repent, the authorities can impose whatever action based on present laws that are in force in the states."

The report stresses that any move to create laws to govern apostasy cases must be studied in depth and also consider currently enforced laws and the interests and rights of each individual from the country's many races and religions.

"This is because laws related to religious conversion involve very sensitive issues that must be handled wisely."