Judicial review applications against Syariah Court decisions on conversion matters are not permitted as per Article 121(1A) of the Federal Constitution, affirming exclusive jurisdiction of Syariah Courts.

[1]This is an application dated 17.4.2023 filed by the Applicant for leave to apply for judicial review under Order 53 Rule 3(1) of the Rules of Court 2012

[2]On 26.6.2023, I refused leave for the judicial review application. Here are the grounds of my decision.

Reliefs sought by the Applicant

[3]The Applicant seeks for the following reliefs;

(a)a declaration that the following provisions of law and each of them are contrary to and inconsistent with the Federal Constitution and are therefore null and void and of no effect:

(i)Definitions (b) to (f) of the definition of a Muslim in section 2(1) paragraph 25 of the Selangor Admin Enactment and section 2(1) paragraph 24 of the Penang Admin Enactment respectively;

(ii)Section 61(3)(b)(x) of the Selangor Admin Enactment and the Penang Admin Enactment respectively; and

(iii) Sections 74 (2) and 112 to 114 of the Selangor Admin Enactment and sections 112 to 114 of the Penang Admin Enactment respectively;

(b)an order in the nature of certiorari quashing:

(i)the decision of the Selangor Syariah Court of Appeal on 18.1.2023 in Appeal Case No. 1000-043-0071-2020; and

(ii)the decision of the Selangor Syariah High Court dated 23.7,2020 in Mai Case No, 10300-043-0185 Year 2016;

(c)further or in the alternative, a declaration that the decisions of the Selangor Syariah Court of Appeal on 18.1.2023 in Appeal Case No. 1000-043-00712020 and the decision of the Selangor Syariah High Court dated 23.7.2020 in Mai Case No. 10300-043-0185 Year 2016 are contrary to and inconsistent with the Federal Constitution and are therefore null and void and of no effect;

(d)a declaration that the Applicant is a person professing Christianity and that State Islamic laws do not apply to her;

(e)consequently, an order of prohibition preventing the Respondents and each of them from exercising any power vested in them by State Islamic legislation against the Applicant; and

(f)an order that the 3^rd to 7^th Respondents take all necessary steps to give effect to the declarations and orders above including changing the Applicant’s name and religious status in her MyKad upon the Applicant submitting the appropriate forms to the 6^th Respondent.

Background facts

[4]The Applicant was born on 7.1.1966 to Christian parents. She was baptised as an infant and was raised as a believing and practising Christian. She confirmed her belief in the Christian faith in 1979.

[5]On 30.3.1995, the Applicant converted into Islam at the Jabatan Hal Ehwal Agama Islam Pulau Pinang. The Applicant avers that she did not convert into Islam because of her belief in the Islamic faith. Rather, it was because the conversion was necessary to enable her to marry a Muslim man.

[6]The Applicant converted into Islam by undergoing the following procedures:

(a)filling in the form to convert into Islam at the Jabatan Hal Ehwal Agama Islam Pulau Pinang;

(b)uttering the two affirmations of faith (kalimah syahadah) by reading them in their Romanised form in a room before a female officer; and

(c)collecting the ‘kad kemasukan Islam’ the next day.

[7]On 9.7.1995, the Applicant’s marriage to the said Muslim man was registered. Out of their marriage, the Applicant was blessed with 3 children, all of whom are raised as Muslims and practise the religion of Islam. After her conversion into Islam, the Applicant had adopted a Muslim name. On 16.1.2013, the Applicant and the said Muslim man were divorced by mutual consent.

[8]On 21.10.2014, the Applicant affirmed a statutory declaration to state her life as a Christian instead of a Muslim. On 22.3.2016, the Applicant filed for proceedings to renounce Islam at the Selangor Syariah High Court.

[9]In the Syariah High Court, Majlis Agama Islam Selangor (MAIS) (the 1^st Respondent) filed an application which resulted in the Applicant having to undergo counselling with the Islamic authorities before proceeding with her application. Consequently, the Applicant attended 12 counselling sessions with an Ustaz. The whole counselling process took about a y