PUTRAJAYA, Dec 13 — A Sarawakian woman was granted leave by the Court of Appeal today to initiate a judicial review seeking to compel the Federal Territory Registrar of Mualaf to remove her name from the Register of Converts.
A three-judge panel comprising Court of Appeal judges Datuk Supang Lian, Datuk Lim Chong Fong and Datuk Ahmad Fairuz Zainol Abidin unanimously allowed the woman’s application to set aside the Kuala Lumpur High Court’s decision on September 21, 2023, which denied her request for the leave.
Delivering the decision through an online proceeding, Justice Supang said the court found that the High Court judge erred in imposing a higher burden on the appellant to demonstrate that her application was not frivolous.
“It seems to us that the learned 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 at the judicial review hearing,” she said.
Justice Supang said such leave ought not to have been denied to the appellant based on the Federal Territory Registrar of Mualaf’s (named the first respondent) lack of duty concerning the mandamus prayer.
“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,” said Justice Supang.
Lawyer Iqbal Harith Liang represented the 27-year-old woman while federal counsel Sallehuddin Ali appeared for the government.
The woman filed the application on April 20, 2023, and named the Federal Territory Registrar of Muallaf, the Federal Territory Islamic Religious Council (MAIWP) and the government as respondents.
Born to Christian parents, she sought a declaration that the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) gives jurisdiction to the Registrar of Mualaf to declare that a person is no longer a Muslim.
She also requested that her name be cancelled from the Register of Mualaf immediately, adding that its refusal or delay to make decisions on her application filed on January 30, February 20 and March 17, 2023, is irrational and unreasonable.
In her supporting affidavit, the woman said she converted to Islam on August 18, 2017, and registered as a mualaf after a Malay Muslim man asked for her hand in marriage.
However, on January 27, 2022, she pledged in an affidavit that she wanted to leave Islam and return as a Christian and applied to have her name removed from the registry to which the Registrar of Mualaf has yet to reply. — Bernama
