The Syariah Courts lack jurisdiction to allow renunciation of Islam, reinforcing that such decisions cannot be reviewed by civil courts.

JUDGMENT

The Factual Background

[1]The applicant converted to Islam on 26.7.2010 at the Majlis Agama Islam Wilayah Persekutuan (“MAIWP”), the 3^rd respondent herein. His conversion was duly registered by the Registrar of Muallafs of the 3^rd respondent. After his conversion, the applicant married Hayati binti Jamalul (“Hayati”) on 14.10.2010.

[2]Unfortunately, the marriage did not last. It ended up in a divorce. The divorce was recorded by the Kuala Lumpur Syariah Subordinate Court on 17.9.2015 by a single talaq rajie.

[3]On 9.11.20218, the applicant commenced a proceeding at the Kuala Lumpur Syariah High Court, the 2^nd respondent herein, against the 3^rd respondent, inter alia, for a declaratory order that the applicant is no longer a Muslim.

[4]On 19.10.2020, the Kuala Lumpur Syariah High Court (“KL Syariah High Court”) dismissed the applicant’s claim. The KL Syariah High Court also allowed the 3^rd respondent’s counterclaim which required the applicant to attend Akidah Counselling (“the KL Syariah High Court Order”).

[5]The KL Syariah High Court Order states inter alia as follows:

(i)Mahkamah menolak tuntutan ini;

(ii)Plaintif hendaklah menghadiri kelas bimbingan akidah yang dianjurkan oleh Majlis Agama Islam Wilayah Persekutuan (MAIWP);

(iii)MAIWP hendaklah memberi bimbingan akidah dan bantuan termasuk bantuan kebajikan kepada Plaintif.

[6]Aggrieved, the applicant filed an appeal to the Kuala Lumpur Syariah Court of Appeal (“the KL Syariah Court of Appeal”), the 1^st respondent herein. The KL Syariah Court of Appeal dismissed the applicant’s appeal on 29.11.2021 and affirmed the KL Syariah High Court Order (“the KL Syariah Court of Appeal Order”).

The Judicial Review

[7]Aggrieved by the decision of the KL Syariah High Court and the dismissal of his appeal to the KL Syariah Court of Appeal the applicant commenced this judicial review application against all the respondents inter alia for a declaration that the KL Syariah High Court Order and the KL Syariah Court of Appeal Order (collectively referred to as “the KL Syariah Court Orders”) are unlawful and illegal and therefore void.

[8]The applicant also seeks a declaration the KL Syariah High Court and the KL Syariah Court of Appeal do not have the jurisdiction or power to declare that a person is no longer a Muslim. Further, the applicant seeks a declaratory order that the KL Syariah High Court and the KL Syariah Court of Appeal have no jurisdiction over the 3^rd respondent, MAIWP.

[9]Leave to commence this judicial review application was granted by this Court on 2.3.2022.

[10]The application for judicial review is supported by the affidavit of the applicant in End 4 (“AIS-4”).

[11]The grounds of the applicant’s application can be summarised as follows:

(a)The KL Syariah High Court and the KL Syariah Court of Appeal (collectively referred to as the “KL Syariah Courts”) do not have jurisdiction over applications to renounce Islam. In short, by issuing the KL Syariah Court Orders, the KL Syariah Courts have acted in excess of their jurisdiction.

(b)The KL Syariah Court Orders are violative of the applicant’s right to religion.

(c)The applicant falls out of the jurisdiction of the KL Syariah Courts the moment he declares that he has ceased to be a Muslim.

(d)The KL Syariah Courts have no jurisdiction over