Woman files to leave Islam, embrace Confucianism and Buddhism

 

A woman has gone to the civil court to nullify the Syariah Court’s refusal to allow her to renounce Islam.

The 32-year-old, born to a Muslim convert man and Muslim-born woman on Feb 8, 1990, was alleged to have gone through a multi-year failed bid at the Syariah Court to leave the religion and officially take on Confucianism and Buddhism.

These are among the allegations contained in her judicial review leave application filed at the Kuala Lumpur High Court (Appellate and Special Powers Division) on March 4.

Her legal challenge named the Federal Territory Syariah Appeal Court, the Federal Territory Syariah High Court, the Federal Territory Islamic Religious Council (MAIWP), and the government as first, second, third, and fourth respondents, respectively.

According to copies of the cause papers obtained by Malaysiakini, the woman - whose parents have since divorced - claimed her Muslim mother never forced Islam on her and gave her free rein to determine her own faith.

She claimed her father only converted to Islam in order to marry her mother and that her parents never practised the faith.

Contending that she neither practised Islam nor even recited the Kalimah Syahadah, she initially went to the Federal Territory Syariah High Court to try to renounce Islam.

The Kalimah Syahadah - one of the Five Pillars of Islam - is an Islamic oath that reads "I bear witness that there is no deity but God (Allah), and I bear witness that Muhammad is the messenger of God".

The woman alleged that on Dec 10, 2018, the Syariah High Court ordered her to attend 12 pre-trial aqidah (faith) counselling sessions for a six-month period beginning Jan 14, 2019.

She said she then took leave from her employment in Oman and flew back to Malaysia to attend the 12 sessions which in the end managed to be completed between Jan 14 and 25 that year.

Instructed to undergo rehabilitation

The woman claimed that her mother and her mother’s close friend testified before the Syariah High Court over her faith in Confucianism and Buddhism.

She alleged however that on July 27, 2020, the Syariah High Court dismissed her bid and instructed her to undergo istitabah under MAIWP or the ‘Mufti’s Office’.

Under the country’s Syariah system, istitabah refers to faith rehabilitation.

She claimed that the court also ordered her to undergo continuous Islamic classes as well as more aqidah counselling.

The woman alleged her lawyer advised her that the Syariah High Court’s decision was because freedom of religion - enshrined under Article 11(1) of the Federal Constitution - does not apply to Muslims.

She claimed her counsel advised her that Syariah Courts are not permitted to allow such renunciations as it contravened hukum syarak (syariah law) that they are entrusted to uphold, as well as their duty to dignify Islam’s position in the country.

She alleged her lawyer also advised her that the Syariah court opined that aqidah consultations are necessary to restore her faith in Islam.

She claimed that the Federal Territory Syariah Appeal Court rejected her appeal to leave Islam on Dec 8 last year.

In her affidavit in support of the judicial review, she declared her rejection of the Quran. She also rejected the hadith of Muhammad as a universal guide for humanity.

‘I visit Buddhist temples yearly’

The woman reiterated that she was registered as a Muslim by operation of law and not due to her personal belief.

“I profess Confucianism and Buddhism as my religion, and I visit Buddhist temples yearly to conduct prayers, and to prepare for reincarnation in my journey towards attaining nirvana.

“I regularly attend Buddhist celebrations and customs and have lived the life of a Buddhist for a long time.

“I routinely consume food and beverages that are haram under Islam, i.e. pork and alcohol as it is not restricted under Buddhism.

“I seek a declaration to renounce Islam in order to reflect my true faith and to prevent the image of Islam from being tarnished by my actions because I do not intend to do so by pretending to be a Muslim,” the 32-year-old declared.

She seeks for the civil court to urgently look into her judicial review as soon as possible due to the threat of penal sanctions from the Syariah Courts over her intent to pursue Confucianism and Buddhism.

She pleaded for the civil court’s green light to proceed with the judicial review over her contention that the Syariah High Courts and Appeal Courts have no jurisdiction in cases involving a person’s conversion from Islam.

An alternative ground she also cited is that the Syariah Court’s orders relating to her attempted renunciation case were contrary to the principles of administrative law and that only the civil courts have such jurisdiction.

She is also seeking for the civil court to issue an interim stay on the Syariah Court’s orders against her, pending disposal of the judicial review.

The Kuala Lumpur High Court is set to hear her judicial review leave application on April 27.

If she is granted leave, the court will later set another date to hear the merits of her legal challenge.

She seeks several orders from the civil court, among them to quash the Syariah Courts’ rulings against her and to compel the Syariah High Court to issue a renunciation certificate for her.

Editors note: The identity of the woman and others linked to her are kept anonymous due to the sensitive nature of the case.

- Mkini