CIVIL courts have no power to hear cases of religious renunciation, the Penang High Court said today.

Justice Quay Chew Soon made the ruling in the case of a 57-year-old woman who wanted to challenge the shariah court’s rejection of her application to renounce Islam.

Born a Christian, the woman converted to Islam when she got married in 1995.

She filed an application to renounce Islam at the Shariah High Court after separating from her husband in 2013. They have three children together. 

She cited her desire to return to her original faith.

In 2020, the Shariah High Court rejected her application, a decision that was affirmed by the Shariah Appeal Court this year.

The woman next filed to the cvil court for a judicial review to overturn the shariah court’s decision.

Quay today said civil courts have no jurisdiction over cases of religious renunciation.

“The issue of conversion, be it into or out of Islam, concerns the principles of Islamic faith and creed.

“It necessitates the determination to be made by those who are truly knowledgeable and understand the religion to its depths,” he said in his grounds of judgment dated Aug 2.

Quay pointed out that article 121(1A) of the Federal Constitution takes away the civil courts’ power to hear cases of the shariah courts.

“The shariah court’s decision remains until it is declared that she is no longer Muslim,” he said.

It is understood that the woman has filed to appeal High Court’s decision. – August 4, 2023.