Appeals court dismisses woman's appeal in bid to renounce Islam

The woman’s appeal to challenge the Syariah Court’s decision that prevented her from renouncing Islam was dismissed by the Court of Appeal on Monday (Aug 28).

Justice Azizah Nawawi, chairing a three-member panel, ruled that according to Article 121(1A) of the Federal Constitution, only the Syariah Court has the exclusive jurisdiction to determine issues of renunciation.

She stated, “The Syariah High Court is competent to hear the matter. We agree that the High Court judge at the Civil Court has no jurisdiction to review the decision of the Syariah Court.”

“The Civil and Syariah Courts are two separate legal systems and the Syariah Court is not an inferior tribunal subject to judicial review. In conclusion, the appeal is dismissed, the decision of the Civil High Court judge affirmed,” Justice Azizah said.

Justices See Mee Chun and Azizul Azmi Adnan were also part of the panel and no costs were awarded.

The woman, represented by lawyer Fahri Azzat, is appealing against the June 15 High Court ruling dismissing her application for leave to challenge the Syariah Court’s dismissal of her legal suit.

In her judicial review filed in the High Court on March 4 last year, the woman named the Syariah Court of Appeal, the Syariah High Court, the Federal Territories Islamic Religious Council (MAIWP), and the government of Malaysia as respondents.

The woman is seeking 12 court orders, including declarations that she is no longer a Muslim and that she is entitled to profess her religion of Confucianism and Buddhism.

She also wants the Civil High Court to declare the decisions by the Syariah High Court and Syariah Court of Appeal, which rejected her bid to be recognized as no longer a Muslim, as illegal, unlawful, and void.

The Syariah High Court dismissed the woman’s bid to be declared no longer a Muslim on July 27, 2020, and ordered her to go through “istitabah” or repentance, Islamic classes, and further akidah counseling.

The woman then appealed to the Syariah Court of Appeal, which rejected her appeal on Dec 8, 2021. – Bernama