“APOSTASY”

means the formal abandonment or renunciation of a religion by a person, for example, to convert from Islam to Christian. In strict religious sense (hudud law), the punishment for apostasy is death, but luckily this is not enforced in Malaysia due to restrictions in federal law.

On 27 February 2018, the Federal Court dismissed the appeals by four Sarawakians wanting to leave Islam, ruling that the civil court has no jurisdiction to hear apostasy cases, and only the Syariah Court has the jurisdiction to decide on apostasy matter.

Brief facts:

The four appellants were Syarifah Nooraffyzza– a Malay who decided to leave Islam and embraced Christianity voluntarily; Tiong Choo Ting – a Chinese-Bidayuh parentage (a former Christian) who converted to Islam to facilitate his marriage, and now he decided to convert back to Christianity after the death of his wife; Salina Jau – a Kayan/Kenyah (a former Christian) who converted to Islam to facilitate her marriage, and now she decided to return to Christianity after her divorce; and Jenny Peter – a Melanau (a former Christian) who converted to Islam to facilitate her marriage and now she decided to return to Christianity after her divorce.

The appellants were seeking a mandamus order to compel the Department of Islamic Affairs Sarawak or the State Islamic Council to issue a letter to release them from the religion of Islam. The appellants were also seeking a mandamus order to compel the National Registration director-general to drop the word ‘Islam’ in their identity cards and amend/record the particulars of their religion at the National Registry as ‘Christian’. The appellants argued that the civil court has the jurisdiction to hear apostasy cases because the Sarawak Syariah Court is not clothed with the power to decide on apostasy cases, as the Sarawak Syariah Court Ordinance 2001 does not explicitly provide for this issue to be dealt with by the Syariah Court. As such, the key legal question to be answered by the Federal Court is whether the civil court or the Sarawak Syariah Court has the jurisdiction over apostasy matters (ie: conversion out of Islam). “The Federal Court confirmed that the appellants have to go back to the Syariah Court to make their application to apostate out of Islam.”

“The Federal Court confirmed that the appellants have to go back to the Syariah Court to make their application to apostate out of Islam.”

* Just in case you wonder… the diagram below gives you an idea how an application of apostasy in Syariah Court might look like: