Sarawakian wins appeal for renunciation bid to be heard

Sarawakian wins appeal for renunciation bid to be heard

KUALA LUMPUR: A 27-year-old Sarawakian woman won the right to commence judicial review proceedings in an attempt to renounce Islam after the Court of Appeal unanimously granted her leave today for the merits of her case to be heard.

A three-member bench chaired by Justice Supang Lian said the High Court had erred in imposing a higher burden on the appellant to demonstrate that her application was not frivolous.

“It seems to us that the High Court judge, in rejecting leave, prematurely delved into answering the merits of the opposing arguments of the parties instead of merely being satisfied that there are serious arguments to be determined,” the judge said when delivering the broad grounds of the decision.

Supang said the appellant should not have been denied leave based only on the fact that the first respondent, the registrar of muallaf, federal territory of Kuala Lumpur, owed no duty in relation to a mandamus prayer sought.

The woman has also applied for six other declaratory orders.

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“The appellant’s appeal is therefore meritorious and is accordingly allowed. The decision of the High Court is set aside and the appellant is given leave to commence judicial review in the High Court,” Supang added.

Also on the panel hearing the appeal were Justices Lim Chong Fong and Ahmad Fairuz Zainol Abidin.

The woman, who filed her leave application last year, also named the federal territory of Kuala Lumpur Islamic religious council and the federal government as respondents.

She sought a declaration that the registrar has jurisdiction under the Administration of Islamic Law (Federal Territories) Act 1993 to declare that a person is no longer a Muslim.

She also requested that her name be struck off the muallaf register immediately, adding that the registrar’s refusal to decide on her written requests, made on Jan 30, Feb 20, and March 17 last year, was irrational and unreasonable.

In her supporting affidavit, the woman said she had on Aug 18, 2017 converted to Islam and registered as a muallaf to marry a Malay-Muslim man, but the relationship ended without the marriage taking place.

The woman was represented by lawyer Iqbal Harith Liang, while federal counsel Sallehuddin Ali appeared for the government.