'Victim of circumstance' seeks to restore Christian identity

Trapped in circumstances beyond her control, a Sarawakian seeks to leave Islam and return to her Christian faith.

Her counsel Iqbal Harith Liang told the Court of Appeal today that she seeks the opportunity to argue her case before a civil court rather than the Syariah Court.

The lawyer said that the 26-year-old wished to return to Christianity after the collapse of her relationship with a Muslim man, who had promised to marry her.

Iqbal told the court that she could not be expected to seek renunciation before the syariah courts due to prevailing sentiment within the religious corridors against those who try to leave the religion.

The lawyer described his client as a “romantic” individual who is distraught not only due to the crumbled relationship with the Muslim man but also over losing her previous identity as a follower of the Christian faith.

"My client's grievance is over her religious identity.

"Her tragedy gives her a different perspective through a pair of (her) human eyes. She is a victim of circumstance not of her creation.

"She was a person who chased romance to its furthest end (in the hope of a happy marriage). It is unfortunate that the romance was drawn along religious lines in this country.

"Now, she is trapped and seeks to break free to restore her Christian identity," Iqbal told the three-person bench chaired by judge Supang Lian.

The Court of Appeal was hearing the woman's appeal to be granted leave to proceed with her judicial review for the removal of her name from the Federal Territory Registrar of Muallaf (new convert) registry.

Iqbal also submitted that syariah courts in the federal territories do not have the power to hear renunciation cases, as such jurisdiction was not expressly stated in the Administration of Islamic Law (Federal Territories) Act 1993.

However, during the open-court appeal hearing, the government's legal representative from the Attorney-General's Chambers (AGC) argued that the supreme law of the land empowers only the syariah courts to hear the woman's renunciation bid.

Senior federal counsel Sallehudin Md Ali submitted that the civil Syariah Court division on jurisdiction over religious matters is seen in Article 121(1A) of the Federal Constitution.

Under the Constitution, religious matters fall under the law-making power of states rather than the federal government, and each state has their respective syariah courts that implement these enactments.

At the end of proceedings today, the bench - also comprising judges Lim Chong Fong and Ahmad Fairuz Zainol Abidin - reserved judgment over the woman's appeal.

The bench set Oct 11 for case management to set a date to deliver their verdict.

The Kuala Lumpur High Court had, on Sept 21 last year, denied the woman’s judicial review leave application. The civil court then ruled that only the syariah courts had the power to look into her matter.

On April 26 last year, the woman filed the civil action, which targeted the government, the Federal Territory Registrar of Muallaf, and the Federal Territory Islamic Religious Council (MAIWP).

She sought a civil court declaration that the muallaf registrar is empowered by the Administration of Islamic Law (Federal Territories) Act 1993 to declare a person is no longer a Muslim.

She also sought the immediate removal of her name from the register.

‘Converted for romantic relationship’

In her supporting affidavit, she said she converted to Islam on Aug 18, 2017, to marry a Malay Muslim man, but their relationship crumbled with no marriage.

She contended that the Administration of Islamic Law (Federal Territories) Act is invalid and unconstitutional for stating that those who embrace Islam would remain Muslim for the rest of their lives.

She claimed that this state-level provision contradicts Article 11(1) of the Federal Constitution, which states that a person has the right to profess and practise his or her religion, among other provisions.

She further contended that Section 85(1) of the Administration of Islamic Law (Federal Territories) Act is unconstitutional because it states that those who utter the syahadah - the proclamation of belief in Islam - automatically become Muslim, while at the same time not stating that those who do so must believe in the faith.

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