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2017 MarsdenLR 1418

COURT OF APPEAL KUCHING
SYARIFAH NOORAFFYZZA WAN HOSEN – Appellant
Versus
DIRECTOR OF JABATAN AGAMA ISLAM SARAWAK & ORS – Respondent


[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 N

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