Yew Jen Kie J:

JUDGMENT

[1]The Applicant applied for the following relief:

a.A Declaration that the Applicant is a Christian.

b.An Order of Mandamus to compel the 1st and/or 2^nd Respondents to issue the Letter of Release from the religion of Islam (“Surat Murtad”) to the Applicant effecting the Applicant’s intention to be released from the religion of Islam.

c.An Order of Mandamus to compel the 3rd Respondent to change the Applicant’s name from Azmi B Mohamad Azam Shah @ Roneey to Roneey Anak Rebit.

d.An Order of Mandamus to compel the 3rd Respondent to drop the Applicant’s religion Islam in his identity card and/or the records and/or particulars of the Applicant’s religion held at the National Registry to that of Christianity.

e.Costs.

f.Any further or other relief deems fit and proper by this Honourable Court.

[2]The application for leave to file judicial review was made exparte but it was heard inter parte.

The Facts

[3]In the affidavit in support affirmed on 8th December 2014 to support the application for leave under Order 53 rules 2 & 3 of the Rules of Court 2012

[4]The Applicant deposed that since birth he was raised and brought up in the Bidayuh Christian community and on his own volition he had left the religion of Islam and embraced Christianity. On 4th September 1999, he was baptized in Sidang Injil Borneo (SIB) Sarawak at Bunuk as evidenced by the baptism certificate marked Exhibit RR-3.

[5]Thereafter on 15th July 2014, the Applicant went to the 3rd Respondent’s office in Limbang for the purpose of applying for change of name in his identity card but was informed that a Letter Of Release From Islam and a Court Order are required to effect the change.

[6]Thereupon, the Applicant approached the Jabatan Agama Islam, Limbang Branch and was duly informed that Jabatan Agama Islam, Limbang Branch cannot help and was advised to apply to the Court. Hence the present application.

[7]I have on 17th December 2015 granted leave to the Applicant to file judicial review. 8. It is worth mentioning that on 12th June 2015, a Consent Order was entered between the Applicant and the 1st, 2nd and 4th Respondents in the following terms:

“The 1st, 2nd and 4th Respondents to issue letter of no objection to the applicant to come out of Islam and the copy of the same to be forwarded to the Applicant’s counsel.”

[9]However, the 3rd Respondent insisted on a letter of Release From Islam and a Court Order for the purpose of processing the Applicant’s application to change his name and the religion status in his identity card.

[10]The Applicant’s counsel was informed vide a letter dated 10th March 2015 issued by the Ketua Hakim Syarie of Jabatan Kehakiman Syariah Sarawak to Messrs Francis Teron Kedap stating that the Syariah Courts in Sarawak have no jurisdiction to issue the certificate of release from Islam religion. [See affidavit in support No. 3 [Enclosure 18] and Exhibit RR-8 annexed thereto].

[11]The Applicant’s counsel thereupon wrote to Ketua Hakim Syarie of Jabatan Kehakiman Syariah Sarawak seeking confirmation of the contents of Exhibit RR-8. [See Exhibit RR-9 annexed to Enclosure 18.]

[12]The Ketua Hakim Syarie, Jabatan Kehakiman Syriah Sarawak confirmed in its letter dated 7th July 2015 that the Syariah Courts in Sarawak indeed has no jurisdiction to issue the certificate of release from Islam religion. [See Exhibit RR-10 annexed to Enclosure 18.]

[13]Premised on the above confirmation in Exhibit RR-10 that Syariah Courts in Sarawak are not clothed with the jurisdiction to issue the certificate of release from Islam religion, learned counsel for the Applicant contended that the 3rd Defendant has no basis to insist on a Syariah Court order to effect the amendment in the Applicant’s identity card.

[14]Learned Senior Federal Counsel submitted that the 1st and 2nd Respondents are not Syariah Courts and although they have no objection to issue a letter of no objection to the Applicant to leave Islam religion, it does not preclude the 3rd Respondent from insist