Sarawak court grants judicial review application in Muslim’s apostasy case, says report

Members of the Bidayuh tribe in traditional dress. Azmi Mohamad Azam Shah @ Roneey Rebit, a Bidayuh whose parents converted him to Islam when he was a child, is seeking to renounce his religion and become a Christian. – The Malaysian Insider file pic, December 18, 2015.

The High Court in Kuching has allowed a Sarawakian Muslim's leave application for a judicial review, as he seeks the courts' help to renounce his religion and become a Christian, news portal Borneo Post Online reported.

The applicant, Azmi Mohamad Azam Shah @ Roneey Rebit, is a Bidayuh whose parents converted him to Islam when he was eight years old. The three were Bidayuh Christians before they became Muslims.

The 40-year-old applied for a judicial review to obtain recognition that he was a Christian, an Order of Mandamus to compel the first and/or second respondents to issue the Letter of Release from Islam; an Order of Mandamus to compel the third respondent to change the applicant’s name to Roneey Anak Rebit; and an Order of Mandamus to compel the third respondent to drop the applicant’s religion of Islam in his identity card and records at the National Registry.

The first and second respondents, the Sarawak Islamic Religious Department and Sarawak Islamic Council, agreed to issue the Letter of No Objection To Come Out From Islam to Azmi.

But the third respondent, the National Registration Department (NRD), insisted he obtain an order from the Shariah Court.

The High Court granted Azmi his leave application because they ruled he had no choice but to adhere to his parents' wishes that he convert, as he was a child at the time.

The court said the conversion was not done of his own volition, so he could not be considered a Muslim and hence was not subject to either the Shariah Court's jurisdiction or the Federal Court's decision on the "Lina Joy" case.

The High Court also said it had jurisdiction to hear Azmi's case as it involved the rights to freedom of religion, which is guaranteed under Article 11 of the Federal Constitution.

Justice Datuk Yew Jen Kie fixed an inter parte hearing on January 15. Azmi was represented by lawyer Chua Kuan Ching.

- TMI