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The 47-year-old convert had wanted to return to his original faith following a divorce from his wife.
The Court of Appeal today reaffirmed that shariah courts have exclusive jurisdiction in cases involving the renunciation of Islam, and the civil courts cannot interfere.
PUTRAJAYA: The Court of Appeal here has dismissed a Muslim convert’s attempt to renounce Islam and revert to his original faith of Christianity.
Justice M Nantha Balan, who chaired a three-judge panel, held that the man’s appeal had no merit.
Sitting with him were Justices Nazlan Ghazali and Azmi Ariffin.
The 47-year-old man married a Muslim woman in 2010. However, they divorced five years later.
In 2016, he filed an application in the shariah court to renounce Islam, but was ordered to attend “counselling sessions” instead.
The shariah court subsequently dismissed his renunciation application and ordered that he undergo further counselling sessions.
The man’s appeal to the shariah appeals court was also rejected.
He then turned to the civil courts seeking to nullify the shariah court’s decision, and sought a declaration that he is entitled to profess his original faith.
His legal challenge was dismissed by the High Court in 2023.
Nazlan, who read out the judgment today, said the civil court had no jurisdiction to hear cases from the shariah courts.
“This is not a case of him never being a Muslim but a renunciation (of Islam).
“We affirm that shariah courts have the exclusive jurisdiction to hear these cases and civil courts cannot interfere,” he added.
The court also noted that the shariah court had dismissed the man’s application to renounce Islam on grounds that the evidence presented was “insufficient”.
“He can apply again before the shariah court,” Nazlan said, noting that there had been cases of successful renunciations.
The court made no order as to costs.
The man was represented by lawyers Iqbal Harith Liang and Firdaus Danial Tan, while senior federal counsel Idayu Amir appeared for the federal government.
