Apostasy matters are under the exclusive jurisdiction of Syariah Courts, as established by the Federal Constitution and judicial precedents.

[1] This is an appeal from an order made by Rhodzariah Bujang J ("the learned judge") of the High Court of Sabah and Sarawak at Kuching dated 5 January 2015, dismissing the appellant's application for leave to move for judicial review against the respondents.

[2] The central issue in this instant appeal is whether the Sarawak Syariah High Court has jurisdiction to deal with the question of apostasy.

[3] We have carefully considered the able arguments that have been presented on behalf of the appellant and the respondents and the evidence on record, as well as the judgment in the Court below. We have come to the conclusion that this instant appeal ought to be dismissed. We now provide the detailed reasons for our decision.

Facts Of The Case

[4] The essential facts which are relevant and germane for disposal of this instant appeal may be shortly stated as follows:

(a) The appellant, a Malay by race, was born on 9 November 1982. Both her parents practiced the religion of Islam.

(b) The appellant left the religion of Islam and embraced Christianity on 3 October 2009 and she was baptized in the All Saints' Chapel, Tabuan Dayak, Kuching, Sarawak.

(c) On 26 July 2011, the appellant went to the National Registration Department, Kuching to apply for change of her name in her NRIC. The National Registration Department informed her by letter that she has to first obtain the letter of release from Islam from the 1st respondent's office.

(d) On 3 August 2011, the appellant wrote a letter to the 1st respondent's office for the letter of release from Islam. The appellant did not receive any reply from the 1st respondent.

(e) On 9 July 2012, the appellant once again went to the 1st respondent's office and met one Ustazah Hanisah Nahrawi who informed her that she has to go to the Syariah Court and attend counselling sessions as an adherence procedure to renounce Islam. The sessions never materialised. Her lawyer's request for a list of criteria to be fulfilled in order to renounce Islam also has not been successful.

(f) The appellant then filed an application for ex parte leave to move for judicial review against the respondents and sought the following reliefs:

(i) A declaration that she is a Christian;

(ii) An order of mandamus to compel the 1st and/or 2nd respondents to issue the letter of release from the religion of Islam; and

(iii) An order of mandamus to compel the 3rd respondent to change the appellant's name from Syarifah Nooraffyzza Wan Hosen to Vanessa Elizabeth;

(g) On 5 January 2015, the learned judge dismissed the appellant's application for leave to commence judicial review against the respondents.

(h) Being dissatisfied with the said order, the appellant appealed to this Court. Hence, this appeal before us.

Findings Of The Learned Judge

[5] The principal reason for the dismissal of the appellant's application was on jurisdictional ground. The learned judge reasoned as follows:

Jurisdictional Issue

The Federal Courts have consistently spoken that apostasy is a matter within the jurisdiction of the Syariah Court. For reference I would list the cases as follows:

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

(ii) Majlis Ugama Islam Pulau Pinang dan Seberang Perai v. Shaik Zolkaffily Shaik Natar & Ors, ;

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

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

The Federal Court in its latest decision in Haji Raimi case have decided, following that of Soon Singh Bikar Singh v. Pertubuhan Kebajikan Islam Malaysia (PERKIM) K