The jurisdiction over apostasy matters exclusively resides with the Syariah Courts, and civil courts cannot intervene without express statutory authority.

[1] These were the appeals by Jenny binti Peter @ Nur Muzdhalifah Abdullah (Jenny), Mohd Syafiq Abdullah @ Tiong Choo Ting (Mohd Syafiq) and Salina Jau binti Abdullah (Salina) against the order of the High Court at Kuching in dismissing their application for leave to commence judicial review.

Background Facts

[2] Jenny's parents were Christians and Jenny was raised as a Christian. On 1 July 2002, she converted to Islam and married a Muslim man named Nazri bin Abdul Rahman. They divorced on 26 July 2006 and since the divorce, Jenny had returned to practice Christianity where thereafter, she married a Christian man.

[3] Mohd Syafiq was born of mixed heritage of Chinese and Bidayuh. He converted to Islam on 24 January 1996 to marry Siti Aishah binti Bahadar. Since the demise of his wife Siti Aishah on 8 September 2007, Mohd Shafiq practiced Christianity.

[4] Salina similarly was not born a Muslim. She converted to Islam on 9 November 1992 before her marriage to a Muslim man, named Shazali bin Saleh on 26 November 1992. They were divorced on 14 October 2010. Since her divorce, Salina decided to return to Christianity.

[5] Jenny, Mohd Syafiq and Salina (collectively referred to as the appellants) had each signed a statutory declaration evincing their intention to renounce Islam and they had notified the 1st respondent (JAIS) of their intention.

[6] Pursuant to their notification/application to renounce Islam, the appellants were requested by JAIS to attend counselling sessions/course as an adherence procedure to renounce Islam. All the appellants had attended the sessions as required and having completed the sessions, remained firm in their stand to renounce Islam. They wrote to JAIS for the Letter of Release from Islam but received no response.

[7] The appellants filed an application for leave to file judicial review against the Director of JAIS, Majlis Agama Islam Sarawak, the Director-General of National Registration Malaysia and the State Government of Sarawak as the 1st to the 4th respondents, respectively. The reliefs sought by the appellants were essentially for declaratory orders, inter alia, that they were no longer Muslims.

Proceedings In The High Court

[8] At the outset, the learned Senior Federal Counsel raised an objection that the High Court had no jurisdiction to hear the leave application as the issue of apostasy was a matter related to Islamic law which fell within the jurisdiction of the Syariah Court. The following cases were cited in support of the objection:

(i) Soon Singh Bikar Singh v. Pertubuhan Kebajikan Islam Malaysia (Perkim) Kedah & Anor, ;

(ii) Lina Joy lwn. Majlis Agama Islam Wilayah Persekutuan & Yang Lain, ;

(iii) Majlis Ugama Islam Pulau Pinang Dan Seberang Perai v. Shaik Zolkaffily Shaik Natar & Ors, ; and

(iv) Haji Raimi Abdullah v. Siti Hasnah Vangarama Abdullah & Another Appeal, [2014] 3 MLJ 757 .

[9] In reply, the learned counsel for the appellants submitted that the Syariah Court has no jurisdiction over the matter as the appellants do not profess the religion of Islam and that there is no statutory power under the state legislation that grants the Syariah Court the power to adjudicate the issue of apostasy.

[10] The learned Judicial Commissioner (JC) ruled that as the appellants are still Muslims on papers, the Syariah Court would have the jurisdiction to deal with their conversion out of Islam under Item 1, List II- Ninth Schedule of the Federal Constitution.

[11] Having considered Lina Joy (supra), Majlis Ugama Islam Pulau Pinang (supra) and Haji Raimi Abdullah (supra)