Syariah courts: Own testimony insufficient to show one has left Islam
A man did not bring any other person’s testimonies to attest to his alleged loss of faith in Islam, according to two Syariah Courts and the Malaysian government.
Thus, it is not enough evidence for the 44-year-old to merely rely on his own testimony that he is no longer a Muslim, contended the three parties.
The trio are respondents seeking to...
A man did not bring any other person’s testimonies to attest to his alleged loss of faith in Islam, according to two Syariah courts and the government.
Thus, it is not enough evidence for the 44-year-old to merely rely on his own testimony that he is no longer a Muslim, contended the three parties.
The trio are respondents seeking to oppose a judicial review application by the man to challenge the Syariah courts’ decision not to allow him to renounce Islam.
Previously on March 24, The Vibes reported that the man had gone to the civil court to quash the religious court’s refusal to allow him to leave the faith.
The news portal reported that the man claimed he never believed in Islam as he only converted in 2010 to marry a Muslim woman and that the marriage had since dissolved.
His judicial review is now pending before the Kuala Lumpur High Court (Appellate and Special Powers).
The civil action targeted the Federal Territory Syariah Appeal Court, the Federal Territory Syariah High Court, the Federal Territory Islamic Religious Council, and the government as the first, second, third, and fourth respondents respectively.
According to the civil court filing made by the first, second and fourth respondents on April 28 that was sighted by Malaysiakini, the Syariah High Court had dismissed the man’s renouncement bid on Oct 19, 2020, as he allegedly relied only on his own testimony to attest to his purported loss of faith.
In the affidavit affirmed by the Federal Territory Syariah Court Chief Registrar Ahmad Basyir Yaakub, the three respondents contended that the Syariah Appeal Court upheld the lower religious court’s ruling on Nov 29 last year as it agreed the man did not tender sufficient evidence to show he has left Islam.
“I emphasise that the first respondent had decided to dismiss the applicant’s application on the applicant’s failure to prove that he is no longer a Muslim.
“I also emphasise that the applicant is not barred from filing a new (renouncement) application (before the Syariah Court) in the future to determine his religious status by providing new evidence that the applicant is no longer a Muslim,” the three respondents contended through Basyir’s affidavit.
Renouncement possible
The respondents also pointed out that there had been successful renouncement applications before the Federal Territory Syariah Courts.
They cited that in 2019, there were 12 renouncement applications and two were allowed, while last year saw 13 such applications, of which one obtained the green light.
The respondents contended that the civil court has no jurisdiction to hear the judicial review as only the Syariah courts have purview over the issue of renouncement of Islam, per Article 121(1A) of the Federal Constitution.
“The judicial review against the decision of the Syariah Court is frivolous, vexatious, and an abuse of court process that should be dismissed,” they claimed.
Converted to marry
Through an affidavit in support of the judicial review filed on Feb 16, the man claimed he embraced Islam in July 2010 to get married.
He, however, alleged that he lacked faith when he recited the Dua Kalimah Syahadah (proclamation of belief in Islam) and that his former wife never encouraged him to practise the religion.
He claimed that he still believes in Christianity and that he also has interest in Buddhism.
Based on the affidavit, the man claimed he filed an unsuccessful application at the Syariah Court to seek a declaration that he is no longer a Muslim.
He claimed that the religious court ordered him to attend 12 pre-trial faith counselling sessions between June and August 2019.
The Syariah Court dismissed his bid and ordered him to undergo further faith counselling sessions.
The man claimed that the religious court admitted it did not have the power to allow an individual to leave Islam.
On March 22, the civil court granted leave for him to proceed with the judicial review.
The civil court will later set a date to hear submissions from legal representatives of the man and the four respondents over the merits of the judicial review.
Due to the sensitive nature of the issue, Malaysiakini has opted not to name the judicial review applicant.
The man is represented by lawyers from law firm Fahri Azzat & Co.
Senior federal counsels from the Attorney-General’s Chambers are acting for the two Syariah courts and the government.
Law firm Kamaruzaman Arif & Co is representing the Federal Territory Islamic Religious Council.
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