Apostasy appeal of Sarawakians dismissed

KUCHING: The Federal Court yesterday ruled there are provisions in the Majlis Islam Sarawak Ordinance pertaining to powers of the Sarawak syariah court to deal with apostasy matters.

The Court of Appeal president Tan Sri Zulkefli Ahmad Makinuddin said the court unanimously reached the decision to dismiss an appeal by four Sarawakians for the civil court to hear their apostasy cases, and decided that it has no merit to it.

He said the court dismissed the appeal with no order as to cost, and decided that the issue raised was already settled in other court cases.

He said even though there are no provisions to apostasy, there are provisions on matters of conversion to Islam, that imply the Sarawak syariah court has the jurisdiction over apostasy.

He said Sections 68 and 69 in the Majlis Islam Sarawak Ordinance could be deployed by the Sarawak syariah court to hear the matter pertaining to the apostasy in Islam.

The five-man Federal Court bench also comprised Chief Judge of Malaya Justice Tan Sri Ahmad Maarop and Justices Tan Sri Hasan Lah, Tan Sri Jeffrey Tan and Tan Sri Ramly Ali.

On Monday, the court heard submissions from lawyers on whether the Sarawak syariah court possessed such powers when it is not expressly stated in the Syariah Court Ordinance 2001, as the question was raised by the four seeking a court order to nullify their status as Muslims, and compel the National Registration Department to recognise them as Christians.

Syarifah Nooraffyzza Wan Hosen left Islam voluntarily and embraced Christianity, while Tiong Choo Ting, a Chinese-Bidayuh Christian who converted to Islam to marry a Muslim woman, later decided to return to Christianity after his wife passed away.

The other two were Salina Jau, a Kayan/ Kenyah Christian who converted to Islam to marry a Malay-Muslim man, and decided to return to Christianity after she divorced, and Jenny Peter, a Melanau Christian who converted to Islam to marry a Muslim but decided to return to Christianity after her divorce.

The four jointly sought the Federal Court’s interpretation of the Sarawak Syariah Court Ordinance 2001, and named Sarawak State Islamic Department director, Sarawak Islamic Council, National Registration Department director-general and state government as respondents.

A few days earlier, their counsel Baru Bian was reported as saying that should it be affirmed that the Sarawak syariah court has no such powers, then the matter would be reverted back to the High Court, and if the Federal Court answers the legal question in the affirmative, the appeal will be dismissed.