Malaysia

Renouncing Islam under jurisdiction of shariah, not civil courts: judge

Many legal precedents in last few decades say as much, says judge

Updated 4 years ago · Published on 12 Jul 2022 7:26PM

Renouncing Islam under jurisdiction of shariah, not civil courts: judge
Judge Datuk Ahmad Kamal Md Shahid says there have been many legal precedents concerning Article 121(1A) of the federal constitution by the courts in the last decades that the civil courts shall have no jurisdiction in respect of any matter within the jurisdiction of the shariah courts. – Bernama pic, July 12, 2022

KUALA LUMPUR – The high court here has ruled that the civil court has no jurisdiction over matters involving persons seeking to renounce Islam as they come under the shariah court.

Judge Datuk Ahmad Kamal Md Shahid made the ruling on June 15 via email after dismissing a legal suit filed by a 32-year-old woman for leave to commence a judicial review to renounce her faith from the religion of Islam to Confucianism and Buddhism.

In his written full grounds of judgment made available to the media today, Kamal said there have been many legal precedents concerning Article 121(1A) of the federal constitution by the courts in the last few decades that the civil courts shall have no jurisdiction in respect of any matter within the jurisdiction of the shariah courts.

He said the crux of the present case is the application by the woman for a judicial review against the shariah court’s decision to reject her request to renounce Islam.

The judge said the shariah court had done nothing wrong and not acted ultra vires in deciding the woman’s application, and the orders were also not illegal and unlawful.

“To me, it does matter what the decision was, but the most important issue is that the civil courts have no jurisdiction to hear matters within the jurisdiction of the shariah courts, nor has it the power to review the shariah court’s decision in cases involving the renunciation of Islam,” he said.

The applicant, who was born to a Muslim convert father and a Muslim mother, cannot be named publicly due to a court order.

On March 4, she filed for a judicial review in the civil high court, naming the shariah court of appeal, the shariah high court, the Federal Territories Islamic Religious Council, and the government of Malaysia as the four respondents.

The woman is seeking at least 12 court orders as part of her suit, including declarations that the shariah courts did not have the jurisdiction or power to declare that a person is no longer a Muslim.

She is also seeking a declaration from the civil high court that she is no longer a Muslim and a declaration that she is entitled to profess her religion of Confucianism and Buddhism.

She is also asking the civil high court to declare the decisions by the shariah high court and court of appeal, which rejected her bid to be recognised as no longer a Muslim, as illegal, unlawful, and void. – Bernama, July 12, 2022

Related News

Malaysia / 1h

Sultan Selangor warns against misuse of funds collected in Islam’s name

Malaysia / 4mth

Hansard Digital System: Anwar’s favourite word is ‘billion’ and Hadi’s is ‘Islam’

Malaysia / 4mth

Softening PAS’s hardline image an uphill task, says analyst

Malaysia / 5mth

Terengganu: Couple caught in 'suspicious situation' in car opt for whipping than being jailed

Malaysia / 9mth

Nga: People should not be separated by skin colour or religious beliefs

Off beat / 9mth

"I want to marry him, I have converted to Islam" - Inspector Sheila

Spotlight

Opinion

Can Najib break Madani?

World

Trump offers UFC CEO the position of Press Secretary

Malaysia

Building a great nation begins with happy families, says Anwar

Malaysia

Anwar should sack BN ministers who are not aligned with him – Muhyiddin

Malaysia

AGC rejects claims of defying King’s decree on Najib

Malaysia

Deepavali: Selangor Sultan calls on Malaysians to strengthen unity, reject hatred

Malaysia

If there were still obstacles, why accept the RM50m payment, asks Najib’s daughter

Malaysia

Where did UMNO's RM50 million payment for Najib's release come from?

By The Vibes Says

You may be interested

Malaysia

Woman jailed three months, fined RM5k for concealing birth, disposing baby's body

Malaysia

Armed man chasing car in viral Kuala Lumpur video was police officer, say cops

Malaysia

Cabinet reshuffle: Still too early, says Anwar

Malaysia

The question remains: Who paid Najib's RM50m fine?

Malaysia

Eight swept away, nine stranded as Sungai Pertak current surges (UPDATED)

Malaysia

Najib's discharge order could trigger immediate transfer to Kajang prison, says Ramkarpal

Malaysia

Three Malaysians arrested in Mauritius over 76kg cannabis seizure worth RM9.87 million

Malaysia

Anwar hails RM203b Softbank-led AI investment as vote of confidence in Malaysia