The civil court denied a legal bid by a Sarawakian woman to return to Christianity after having embraced Islam to marry a Muslim man whom she ultimately did not wed when their relationship crumbled.
The 26-year-old woman’s counsel Iqbal Harith confirmed that the Kuala Lumpur High Court today dismissed her application for leave to commence judicial review.
The lawyer said that judge Ahmad Kamal Md Shahid ruled, among others, that the civil courts have no jurisdiction to hear issues involving renunciation and that only the Syariah Courts can preside over these matters.
When contacted this afternoon, federal counsel Sallehudin Md Ali - who appeared for the federal government as one of the three respondents targeted by the judicial review - confirmed the outcome of online proceedings.
The legal representative from the Attorney-General’s Chambers (AGC) added that the civil court ordered the woman to pay RM3,000 to the respondents.
State religious law ‘unconstitutional’
On April 26, the applicant filed the legal action, which named not only the government but also the Federal Territory Registrar of Muallaf (new converts to Islam), and the Federal Territory Islamic Religious Council (MAIWP) as respondents.
She was seeking 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 for the immediate removal of her name from the muallaf register.
In her affidavit in support of the judicial review leave application, she said she had on Aug 18, 2017, converted to Islam to marry a Malay-Muslim man but their relationship came to an end with no marriage.
According to the cause papers, 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 stated that those who utter the Kalimah 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. - Mkini
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