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THE Court of Appeal has allowed a legal challenge brought by a 28-year-old woman seeking to formally renounce Islam and return to Christianity, ruling that her application raises significant legal questions deserving of full judicial scrutiny.
A three-member bench chaired by Datuk Supang Lian, and comprising Datuk Lim Chong Fong and Datuk Ahmad Fairuz Zainol Abidin, unanimously allowed the woman’s appeal to initiate a judicial review against the Federal Territories Islamic Religious Council (MAWIP).
According to NST Online today, the woman, who was born and raised a Christian, converted to Islam at the age of 20 during a romantic relationship with a Muslim man, which ultimately did not result in marriage. Following the end of the relationship, she executed a statutory declaration renouncing Islam and formally reverted to Christianity.
She subsequently applied to MAWIP to have her name removed from the register of Muslim converts. However, receiving no response from the religious body, she sought leave from the High Court to initiate a judicial review — a bid that was dismissed on jurisdictional grounds.
The High Court held that MAWIP lacked the authority to determine her application and ruled that matters relating to apostasy fell exclusively within the jurisdiction of the Syariah Court.
However, in its written judgment, the Court of Appeal criticised the lower court for applying an unduly high threshold for leave and for engaging prematurely with the substantive arguments of the case.
“It seems to us that the learned High Court judge, in rejecting leave, prematurely delved into the merits of the opposing arguments of the parties,” wrote Justice Lim Chong Fong in the appellate court’s decision.
He noted that serious legal questions remain unresolved — particularly whether the Syariah Court of the Federal Territories has jurisdiction to hear apostasy cases in the absence of a specific statutory provision under the Administration of Islamic Law (Federal Territories) Act 1993.
“There is also uncertainty on the proper interpretation of the said provision because there is no statute or enactment conferring specific power on the Syariah Court to decide on apostasy cases in the Federal Territories,” he said.
The appellate court also highlighted a lack of clarity stemming from divergent rulings by different panels of the Federal Court, observing that no definitive position has yet been laid down on the matter.
Furthermore, the Court of Appeal held that the High Court should not have dismissed the application solely on the grounds that a mandamus order — compelling MAWIP to act — was not available, especially since the woman had also sought six other forms of declaratory relief.
The woman was represented by counsel Iqbal Harith Liang and Muhammad Firdaus Daniel Tan, while Federal Counsel Mohammad Sallehuddin Md Alo appeared on behalf of MAWIP and the Malaysian government.
The case is expected to further test the boundaries between civil and Syariah jurisdiction in Malaysia, amid ongoing debate over religious freedom and constitutional protections in such matters. - May 23, 2025
