Individuals have the constitutional right to choose and profess their religion, including the ability to change their religious status without requiring consent from religious authorities.

[1] The Applicant applied for the following relief:

a. A Declaration that the Applicant is a Christian.

b. An Order of Mandamus to compel the 1st and/or 2nd Respondents to issue the Letter of Release from the religion of Islam ("Surat Murtad") to the Applicant effecting the Applicant's intention to be released from the religion of Islam.

c. An Order of Mandamus to compel the 3rd Respondent to change the Applicant's name from Azmi B Mohamad Azam Shah @ Roneey to Roneey Anak Rebit.

d. An Order of Mandamus to compel the 3rd Respondent to drop the Applicant's religion Islam in his identity card and/or the records and/or particulars of the Applicant's religion held at the National Registry to that of Christianity.

e. Costs.

f. Any further or other relief deems fit and proper by this Honourable Court.

[2] The application for leave to file judicial review was made ex parte but it was heard inter parte.

The Facts

[3] In the affidavit in support affirmed on 8th December 2014 to support the application for leave under O 53 rr 2 & 3 of the Rules of 2012, the Applicant deposed that his parents are Bidayuh by race and Christian by religion. However, both his parents embraced Islam in or about 1983 when his father, a soldier, was serving in Kuala Lumpur. Upon conversion, his father Rebit Anak Ngaei was given the name of Mohamad Azam Shah Bin Abdullah while his mother Molen Anak Sangok was given the name of Faezah Binti Abdullah. The Applicant averred that he was eight years old [in fact, ten years old based on his mother's Conversion Certificate exh RR-7] at the time of his parents' conversion and by virtue of his parents' conversion, he was given the name Azmi Bin Mohamad Azam @ Roneey. See, Keterangan Masuk Islam of Mohamad Azam Shah Bin Abdullah registered with Majlis Islam Sarawak and Keterangan Masuk Islam of Faezah Binti Abdullah registered with Mufti Negeri Sarawak marked exh RR-6 and exh RR-7 respectively.

[4] The Applicant deposed that since birth he was raised and brought up in the Bidayuh Christian community and on his own volition he had left the religion of Islam and embraced Christianity. On 4th September 1999, he was baptized in Sidang Injil Borneo (SIB) Sarawak at Bunuk as evidenced by the baptism certificate marked exh RR-3.

[5] Thereafter on 15th July 2014, the Applicant went to the 3rd Respondent's office in Limbang for the purpose of applying for change of name in his identity card but was informed that a Letter Of Release From Islam and a Court Order are required to effect the change.

[6] Thereupon, the Applicant approached the Jabatan Agama Islam, Limbang Branch and was duly informed that Jabatan Agama Islam, Limbang Branch cannot help and was advised to apply to the Court. Hence the present application.

[7] I have on 17th December 2015 granted leave to the Applicant to file judicial review.

[8] It is worth mentioning that on 12th June 2015, a Consent Order was entered between the Applicant and the 1st, 2nd and 4th Respondents in the following terms:

"The 1st, 2nd and 4th Respondents to issue letter of no objection to the applicant to come out of Islam and the copy of the same to be forwarded to the Applicant's counsel."

[9] However, the 3rd Respondent insisted on a letter of Release From Islam and a Court Order for the purpose of processing the Applicant's application to change his name and the religion status in his identity card.

[10] The Applicant's counsel was informed vide a letter dated 10th March 2015 issued by the Ketua Hakim Syarie of Jabatan Kehakiman Syariah Sarawak to M/s Francis Teron Kedap stating that the Syariah Courts in Sarawak have no jurisdiction to issue the ce