S'wakian gets leave to argue for return to Christianity

Summary:

• A Sarawakian woman wins the right to seek a judicial review on leaving Islam, overturning a prior court decision.

• She argues that Syariah courts lack jurisdiction and claims the law forcing lifelong adherence to Islam violates the constitutional guarantee of freedom of religion.

• She converted for a relationship, which failed, and now seeks a return to Christianity.

A Sarawakian will now have an opportunity to present her case to leave Islam and return to her Christian faith, following the collapse of her relationship with a Muslim man who promised her marriage.

A three-person Court of Appeal bench chaired by judge Supang Lian today unanimously allowed the 26-year-old’s appeal for leave to commence her judicial review.

The appellant’s counsel Iqbal Harith this morning said that the bench ruled that the judicial review has an arguable case and was not frivolous.

The lawyer said the bench - also made up of judges Lim Chong Fong and Ahmad Fairuz Zainol Abidin - found that the lower court erred in imposing a higher threshold for leave.

The Sarawakian’s action will now be reverted back to the Kuala Lumpur High Court for a hearing of its merits.

She is seeking a civil court order for the removal of her name from the Federal Territory Registrar of Muallaf (new convert) registry.

Among the issues that she seeks civil court determination on is whether syariah courts in the Federal Territories have the power to hear renunciation cases.

She contended that such jurisdiction was not expressly stated in the Administration of Islamic Law (Federal Territories) Act 1993.

Syariah court purview

The Kuala Lumpur High Court had, on Sept 21 last year, denied the woman’s judicial review leave application. The civil court 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.

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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