[From a friend in Malaysia]:
Dear Rowland,
This is a short excerpt from The New Straits Times (Singapore) newspaper
on Monday, March 8, 1999. It is a serious ruling and will have an effect
on the conversion of Muslims into
another religion. Note: in the past the deed poll was used for
renunciation of Islam and was sufficient.
The Sun reported that the court dismissed an appeal by Mr. Soon Singh,
upholding an earlier High Court decision that it had no jurisdiction to
deal with his application for a declaration
that his deed poll to renounce Islam was valid.
The superior court ruled that the Syariah Court, not a civil High Court,
had jurisdiction over his application to declare that he was no longer a Muslim.
Mr. Singh, assuming the name Salman Abdullah, converted to Islam on May
14, 1988 at the age of 17 at the Perkim office in Alor Star. He
apparently did this without his widowed
mother’s consent and knowledge.
On July 16, 1992, he went through a ceremony to enter the Sikh faith at
a Sikh temple in Kuala Lumpur. Two weeks later, he executed a deed poll,
declaring he had reverted to Sikhism.
On September 2 that year, he filed an originating summons, supported by
an affidavit, seeking a declaration that he was no longer a Muslim.
Then on June 1 last year, the Federal Court reserved judgement after
hearing submissions by his counsel.
Federal Court judge Datuk Paduka Mohamed Dzaiddin Abdulla said, “Be that
as it may, in our opinion, the jurisdiction of Syariah courts to deal
with the conversion out of Islam,
although not expressly provided in the State Enactment, can be read into
them by implication. When jurisdiction is expressly conferred on Syariah
courts to adjucate on matters relating
to conversion into Islam, in our opinion, it is logical that matters
concerning apostasy could be implied in and falls within the
jurisdiction of Syariah courts.”
Discussion
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