In a case that highlights the complexities of religious conversion in Malaysia, a 26-year-old woman who converted to Islam in order to marry her now ex-boyfriend seeks to return to her Christian faith.
The woman, whose identity remains undisclosed for privacy protection, has filed a judicial review application to obtain declarations stating that the Shariah Courts lack jurisdiction to annul her status as a Muslim and that the Registrar of Muallaf (ROM) is responsible for overseeing such matters.
The decision on whether to grant her leave for the judicial review is pending, as arguments from her lawyer and the Attorney General's Chambers were presented to Judge Datuk Ahmad Kamal Md Shahid earlier today. Background and Arguments: The woman alleges that she converted to Islam on August 18, 2017, solely as an administrative requirement for her intended marriage to her Malay Muslim boyfriend at the time.
However, their relationship ended before the wedding, leaving her in a situation where she wishes to return to her original faith. According to her lawyer, Iqbal Harith Liang, she has openly admitted to being a practising Christian and claims that her conversion to Islam was merely a formality. She does not read the Quran, but instead believes in the Holy Trinity and the Bible, attributing her Christian faith to her baptism by her Christian parents when she was one year old.
The woman has made multiple requests to the ROM, dated January 31, February 20, and March 17 of the current year, seeking official permission to leave Islam. However, she alleges that aside from an acknowledgement of receipt, she has received no response from the ROM thus far.
Liang argues that her requests should not be disregarded by the ROM, as he believes it would be both unconstitutional and oppressive. He further contends that certain provisions within Act 505, particularly Section 91, which stipulates that those who convert to Islam remain Muslim for life, contradict Article 11(1) of the Federal Constitution. Article 11(1) guarantees an individual's right to practice their religion and propagate it, subject to certain conditions outlined in Clause (4).
Additionally, Liang challenges the constitutionality of Section 85(1) of Act 505, which states that anyone who utters the kalimah syahadah automatically becomes a Muslim but does not require belief in the religion. He argues that such an irrebuttable presumption conflicts with Article 11.
Liang asserts that the woman renouncing Islam would no longer be "professing" the religion, emphasizing the present tense grammar used in Item 1 of the State List. Validity of Judicial Review: The woman believes that the judicial review she has pursued is not prohibited by Article 121(1A) of the Federal Constitution, which reserves jurisdiction over matters falling within the scope of the Shariah Courts exclusively for those courts.
She argues that she was never a practising Muslim, did not believe in Allah, and had never truly "professed" the religion of Islam. Therefore, she claims that the civil courts have the authority to address her situation, citing a previous case involving the Sisters In Islam Forum Malaysia vs.
The Selangor state government in 2022 as legal precedent. Fear and Repercussions: The applicant expresses her fear of living under the façade of being a Muslim due to the potential consequences imposed by governing laws and societal attitudes. She is concerned about facing legal obligations associated with being recognized as a Muslim, such as performing daily prayers, fasting, and paying zakat. Her intention to revert to Christianity stems from a desire to live authentically and practice her faith without fear of reprisals or repercussions from authorities or the public.
Counterargument: In response to the woman's claims, Muhammad Salehuddin Md Ali, representing the three respondents—the Federal Territories ROM, the Federal Territories Islamic Religious Council (MAIWP), and the Malaysian government—argues that cases involving renunciation of Islam have traditionally fallen under the jurisdiction of the Shariah Courts.
He emphasizes that Act 505 grants the ROM the power to register individuals as Muslims but not to facilitate their renunciation. Conclusion: The case of the 26-year-old woman seeking to leave Islam and return to Christianity highlights the challenges and implications of religious conversion in Malaysia. While the decision on the judicial review is pending, the outcome will potentially have significant ramifications for the jurisdictional authority in matters of religious conversion.
The woman's pursuit of legal remedies reflects her desire to practice her chosen faith sincerely and without fear of legal obligations associated with being recognized as a Muslim. The case underscores ongoing debates surrounding the freedom of religion and the rights of individuals in matters of personal belief and faith in Malaysia.
Source: Malay Mail
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