The Syariah Court's denial of a Muslim woman’s bid to renounce Islam and become a follower of Buddhism and Confucianism will stay in place.
This followed the civil court’s dismissal this morning of the 32-year-old’s application for leave to commence judicial review to quash the Syariah Court ruling.
The applicant’s lawyer Fahri Azzat confirmed the dismissal of the leave application by the Kuala Lumpur High Court (appellate and special powers jurisdiction) this afternoon delivered via email to parties.
“(Civil court judge) Ahmad Kamal Md Shahid dismissed the applicant’s application for leave for judicial review with costs of RM2,000 (to be paid by the woman to the Attorney-General’s Chambers or AGC).
“The decision was given by email at 3.28pm, sent by the court interpreter. After short submission by email, cost was determined at 4.29pm.
“We informed the applicant immediately after the decision. The applicant instructed us to appeal against the decision. We filed an appeal (to the Court of Appeal) against the decision at 4.49pm.
“We will effect service of the appeal notice (on the Syariah Court) tomorrow,” the lawyer said.
Federal counsel Sallehuddin Md Ali, who is from the AGC and appeared for the government today, confirmed the court outcome.
The government lawyer added that the civil court judge did not provide grounds for the decision.
In effect, today’s verdict means the civil court will not hear the merits of her legal challenge against the Syariah Court’s refusal to allow her to renounce Islam.
On March 4, she went to the civil court to nullify the Syariah Court’s decision. Today was set for decision on her bid.
The woman’s judicial review bid 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.
‘Never practised Islam’
According to the cause papers, the woman, born to a Muslim convert man and Muslim-born woman on Feb 8, 1990, allegedly went through a multi-year failed bid at the Syariah Court to leave the religion and officially take on Confucianism and Buddhism.
She claimed the Syariah High Court and Court of Appeal refused her bid as they held it would go against ‘hukum syarak’ (Islamic principles) to allow a fellow Muslim to leave the faith.
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.
The woman claimed 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. - Mkini
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