Woman convert fails to get High Court leave in bid to be declared Christian after divorcing Muslim man
High Court judge Quay Chew Soon rejected the woman’s application for leave for judicial review on June 26, and wrote his judgment dated July 17, which was released only recently. — Reuters pic
Friday, 04 Aug 2023 12:19 PM MYT
KUALA LUMPUR, Aug 4 — The High Court in Penang has rejected a Muslim convert’s legal bid to seek official recognition for her return to Christianity after her 2013 divorce to a Muslim man.
High Court judge Quay Chew Soon rejected the woman’s application for leave for judicial review on June 26, and wrote his judgment dated July 17, which was released only recently.
The woman had sought six orders from the court, including a declaration that she is a person professing Christianity and that state Islamic laws do not apply to her, and an order of prohibition to prevent the respondents from exercising any power vested in them by state Islamic laws against her.
She also wants her name and religious status in her Malaysian identity card to be changed when she submits the appropriate forms to the National Registration Department (NRD), to give effect to the other court declarations and orders that she is seeking.
For those who filed lawsuits through judicial review applications, they will have to first get the court's leave or permission for the lawsuit to be heard.
According to details in the recently released High Court judgment, the 57-year-old woman was born to Christian parents, was baptised as an infant, was raised as a believing and practising Christian. She was also said to have confirmed her belief in the Christian faith in her teens.
Malay Mail is not naming the woman to protect her privacy.
The woman said she took the oath to become a Muslim on March 30, 1995 at the Penang Islamic Religious Affairs Department (JHEAIPP) and adopted a Muslim name because it was necessary to enable her to marry a Muslim man and not out of a belief in Islam.
The woman’s marriage was registered in early July 1995. She had three children with the Muslim man, and they were raised as Muslims and practised Islam.
The couple divorced in January 2013 by mutual consent.
In 2014, the woman signed a statutory declaration stating that she has always practised Christianity and that she wishes to continue her life as a Christian.
On March 22, 2016, she filed proceedings at the Selangor Shariah High Court to renounce Islam.
Before she could continue with her application to renounce Islam, the Selangor Islamic Religious Council (Mais) filed an application at the Shariah High Court, which resulted in her being required to first undergo 12 counselling sessions with an ustaz that lasted about a year.
The Shariah High Court on July 23, 2020 dismissed the woman's application to renounce Islam and instead ordered her to attend further counselling sessions for 60 days.
She filed an appeal, which was dismissed by the Selangor Shariah Court of Appeal on January 18 this year.
On April 17, the woman turned to the civil courts and filed a judicial review application against the Islamic authorities, namely Mais, the Selangor Shariah Court of Appeal, the Selangor state government, JHEAIPP, the Penang state government, the NRD, and the Malaysian government.
The woman was represented by lawyers K. Shanmuga and Allyna Ng, while senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Imtiyaz Wizni Aufa Othman appeared for the attorney-general.
MORE TO COME
Friday, 04 Aug 2023 12:19 PM MYT
KUALA LUMPUR, Aug 4 — The High Court in Penang has rejected a Muslim convert’s legal bid to seek official recognition for her return to Christianity after her 2013 divorce to a Muslim man.
High Court judge Quay Chew Soon rejected the woman’s application for leave for judicial review on June 26, and wrote his judgment dated July 17, which was released only recently.
The woman had sought six orders from the court, including a declaration that she is a person professing Christianity and that state Islamic laws do not apply to her, and an order of prohibition to prevent the respondents from exercising any power vested in them by state Islamic laws against her.
She also wants her name and religious status in her Malaysian identity card to be changed when she submits the appropriate forms to the National Registration Department (NRD), to give effect to the other court declarations and orders that she is seeking.
For those who filed lawsuits through judicial review applications, they will have to first get the court's leave or permission for the lawsuit to be heard.
According to details in the recently released High Court judgment, the 57-year-old woman was born to Christian parents, was baptised as an infant, was raised as a believing and practising Christian. She was also said to have confirmed her belief in the Christian faith in her teens.
Malay Mail is not naming the woman to protect her privacy.
The woman said she took the oath to become a Muslim on March 30, 1995 at the Penang Islamic Religious Affairs Department (JHEAIPP) and adopted a Muslim name because it was necessary to enable her to marry a Muslim man and not out of a belief in Islam.
The woman’s marriage was registered in early July 1995. She had three children with the Muslim man, and they were raised as Muslims and practised Islam.
The couple divorced in January 2013 by mutual consent.
In 2014, the woman signed a statutory declaration stating that she has always practised Christianity and that she wishes to continue her life as a Christian.
On March 22, 2016, she filed proceedings at the Selangor Shariah High Court to renounce Islam.
Before she could continue with her application to renounce Islam, the Selangor Islamic Religious Council (Mais) filed an application at the Shariah High Court, which resulted in her being required to first undergo 12 counselling sessions with an ustaz that lasted about a year.
The Shariah High Court on July 23, 2020 dismissed the woman's application to renounce Islam and instead ordered her to attend further counselling sessions for 60 days.
She filed an appeal, which was dismissed by the Selangor Shariah Court of Appeal on January 18 this year.
On April 17, the woman turned to the civil courts and filed a judicial review application against the Islamic authorities, namely Mais, the Selangor Shariah Court of Appeal, the Selangor state government, JHEAIPP, the Penang state government, the NRD, and the Malaysian government.
The woman was represented by lawyers K. Shanmuga and Allyna Ng, while senior federal counsel Ahmad Hanir Hambaly @ Arwi and federal counsel Imtiyaz Wizni Aufa Othman appeared for the attorney-general.
MORE TO COME
It's a one-way door.
ReplyDeleteYou can never leave, this side of death
Either that, or move to another country where Syariah has no power.
There were a few very rare cases allowed where the person had never practiced Islam, and been enrolled by default as a child.
Yup. .this is an example of "islam is a peaceful and fair religion. There is no compulsion in islam"
ReplyDeleteWonderful religion; this islam.
Frankly, the woman is too blase with her Christian faith.
THIS IS THE SH*T OF THE ISAM SUPREMACIST IDELOGICAL BRAIN WASHING RELIGION THAT HAVE EVEN WASHED INTO THESE NON ISAM JUDGES...THE CORRUPTION IS ENDEMIC ...THERE IS NO HOPE FOR MALAYSIAL.....MALUSIAL IS DOOM AS PREDICTED TO THOSE THAT INSULT ISREAL!!
ReplyDelete