JUDGMENT

Mohamad Ariff J:

[1] This was an appeal from the decision of the senior assistant registrar who had dismissed the application by the Government of Malaysia ('the defendant') to strike out the plaintiff's originating summons under O 18 r 19(1)(d) on the ground of abuse of process. I allowed the appeal and ordered that the originating summons be struck out on this ground with costs.

[2] The senior federal counsel submitted this present action was essentially an action to renounce the religion of Islam by the plaintiff who was born to Muslim parents but claimed he had been practising Christianity since his secondary school days. That being so, the plaintiff argued he could not be regarded in law as a person 'professing' the religion of Islam and thus could not be made subject to the Administration of Islamic Law (Federal Territories) Act 1993. The plaintiff's prayer for a declaration, explained below, had to be assessed in this context.

[3] I agreed with the senior federal counsel's submission that the essential subject matter of this action was renunciation of the religion of Islam or apostasy (irtidad or murtad), and as such was a matter within the exclusive jurisdiction of the