In a significant legal battle, a 26-year-old Malaysian woman is seeking a judicial review to be declared no longer a Muslim after converting to Islam in 2017 to marry her then-boyfriend. The High Court has scheduled the decision date for September 21st to determine whether the woman will be granted leave for the judicial review.
The plaintiff, who has chosen to remain anonymous to protect her privacy, is represented by lawyer Iqbal Harith Liang from Messrs Fahri, Azzat & Co. The three respondents in the case are the Federal Territories Registrar of Muallaf (ROM), the Federal Territories Islamic Religious Council (MAIWP), and the government of Malaysia.
The woman's back story reveals that she converted to Islam on August 18th, 2017, solely to marry her Malay Muslim boyfriend. However, their relationship ended before the wedding, and now she seeks to return to her Christian faith, claiming that she never practiced Islam and is a firm believer in the concept of the Holy Trinity and the Bible.
Her request to leave Islam was submitted on January 27th, 2022, where she admitted to still practicing Christianity despite her conversion. She sent multiple letters to the ROM seeking to leave Islam, but she claims to have received no replies, except for an acknowledgment of receipt.
The woman's legal team argues that Section 91 of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505), which states that those who embrace Islam are Muslims for life, is unconstitutional. They contend that this provision conflicts with Article 11(1) of the Federal Constitution, which guarantees the right to profess, practice, and propagate one's religion.
Moreover, they challenge Section 85(1) of Act 505, which presumes that those who utter the kalimah syahadah (the declaration of belief for Islam) automatically become Muslim. They assert that this irrebuttable presumption goes against Article 11 and that the woman should have the right to renounce Islam and return to her original religion without interference from Shariah Courts.
The applicant's legal team cites the case of Sisters In Islam Forum Malaysia vs. the Selangor state government in 2022, where the Federal Court determined that civil courts were the appropriate platform for seeking redress in matters of renunciation of religion.
On the other hand, the Attorney General's Chambers (AGC), representing the three respondents, argues that the Shariah Courts have jurisdiction over renunciation cases, as provided by law. They assert that Act 505 only empowers the ROM to register individuals as Muslims and not to facilitate their renunciation.
The case has sparked a constitutional debate, exploring the delicate balance between religious freedom and the jurisdiction of Shariah Courts. The applicant fears potential repercussions and reprisals from the authorities and the public due to existing laws governing Muslims.
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Source: Malay Mail
