SARAWAK Chief Minister Abang Johari Openg can lead the state’s lawmakers in defining the terms and procedures for those seeking to leave Islam, said lawyers who handle conversion cases. 

They include setting clear jurisdiction as to which departments are responsible for approving conversions as well as settling limits for counselling sessions required by the Sarawak Islamic Affairs Department (JAIS).

Sarawakians who wish to leave Islam, estimated by lawyers to number in the hundreds, have been subjected to vague procedures, trapping them in years of legal limbo while waiting to change their religious status. 

“The applicants go round and round, sometimes until they die,” said Simon Siah, a human rights and land rights lawyer based in Kuching.

“The biggest problem is that there’s no proper procedure, in particular by JAIS. Each department appears to have its own procedures.”

Following the decision by the Federal Court last week that the state’s shariah court has sole jurisdiction to hear apostasy applications, Abang Johari promised on Sunday to amend state religious laws so converts are not “left hanging”.

The chief minister said laws would be amended in six months to create a standard operating procedure for converts if they wanted to renounce Islam.  

The announcement was welcomed by lawyers, who have managed to help only a handful of clients in changing their religious status. 

Siah hoped that the chief minister would work with Unifor (Unit for Other Religions), JAIS, the state Attorney-General’s Chambers, Buddhists and Christians and all interested parties, including Muslim civil society groups.

The views of all these stakeholders are necessary to develop proper guidelines and timeline for conversion applicants.

There is currently no provision in the state ordinance that allows for conversion, although the Federal Court ruled last week that a section in the Majlis Islam Sarawak Ordinance 2001 could be used to hear apostasy cases.

A dead-end journey

There is no official data on Muslim apostates. Most lawyers handling such cases who spoke to The Malaysian Insight said most their cases involved divorce or those registered as Muslims while they were children.

Very rarely do Muslim-born adults want to leave Islam on their own accord. 

Lawyers said applicants normally begin their legal journey by preparing a statutory declaration (SD), or surat sumpah, to say, under oath, that they are no longer practising Muslims, that they do not identify as Muslims and that they intend to leave Islam.

The applicant would then present the SD to JAIS to fill up a conversion form, before being required to go through counselling sessions handled by JAIS officers.

“Usually what happens after an applicant fills the form, there would be a meeting of the JAIS leadership to decide who can or cannot come out Islam,” said Siah.

“And there’s no definite timeline for the process. A lot of people get stuck there.”

The number of required counselling sessions is not legally determined, lawyers said. 

“It is this part that is unclear,” said Kuching-based family and criminal lawyer Francis Teron.

“From my experience, sometimes it takes six months, or over a year. Sometimes it’s less,” said Francis, who have taken up to 20 conversion cases since 2014. 

“This is one part they can fix. (The sessions) cannot be unlimited. Little Napoleons would abuse their power and may set a roadblock in the path of the applicants.”

Should JAIS approve, it then issues a letter to the state National Registration Department. 

“However, the letters, for some reason are classified and kept away from our clients. So they don’t have a copy of the letter,” said Siah. 

It is at the NRD where almost all conversion cases in Sarawak result in limbo, said lawyers, where applicants are often told to refer the matter to the courts. 

Without a ruling from the Sarawak Islamic Council, or the Sarawak Shariah Court or JAIS, the Sarawak National Registration Department usually does not proceed, lawyers said. 

Ways forward

From this point, there are two options the chief minister could consider in his law review, said Francis.

“First, he can just empower JAIS to handle cases of people who want to leave Islam. I have been advising my clients who came to see me in the past, to go by way of administrative process and to not challenge it at the civil court,” he said.

“JAIS will issue a letter confirming that these people are now deemed to have left Islam, which is forwarded to NRD, which the applicant can refer to when they apply to have their IC changed and have the word ‘Islam’ deleted.”

The other route, to amend the shariah ordinance instead, should remove penalties for leaving Islam.

“Technically, under shariah, apostasy is deemed a criminal offence. Caning or jail can be imposed, and that will serve no purpose in the Sarawak context of freedom of religion.”

Francis said provisions should be amended for a clearer path for conversion cases: “Allow them to leave the religion gracefully, and not bang heads in the civil court”.

Jezamine Dior, a Kuching-based family and land rights lawyer, said the shariah courts should not be involved.

“I don’t want this thing to be handled by shariah court at all. Freedom of religion is basic human rights, you don’t need the permission of the temple or the church or the mosque. If you want to leave, you just send your application to JAIS and it would be enough.

“I want it to be simplified. A statutory declaration should be enough. I don’t want them to go for counselling even. Why should they? If they really need to go for counselling, make sure you fix a proper timeline. 

“I had a client who was left in limbo for years, I previously had to threaten (JAIS) to call my client for the counselling. Only when I copied the letter to the AGS and the CM, did it move along,” she said. 

Dior said the chief minister’s attempts to amend the law can be done in a “win-win situation” for Muslims as well as for those who want to leave Islam. His initiative was welcomed because even the shariah courts are in limbo, she said.

“These people feel stuck and trapped. They’re totally disconnected. They never want to disrespect the religion of Islam, but their personal life has been greatly affected. They cannot get married or have children of their own without being affected. They cannot inherit land, which must go through Islamic authorities,” Dior said.

Siah added that the new provisions should ensure converts to Islam embrace the religion at their own free will.

“They must enter with sincerity and fully believe so that the sanctity of the religion continues to be protected.

“Nobody wants to belittle anyone’s religion. This is a really sensitive issue. At the end of the day, it’s a personal choice of the applicant. It’s a matter between them and God.”  – March 9, 2018.