Decision on jurisdiction of Syariah Court in Sarawak over apostasy in Islam tomorrow

PUTRAJAYA: The jurisdiction of the Syariah Court in Sarawak over apostasy in Islam will be decided by the Federal Court tomorrow.
A five-man bench led by Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin will be delivering their decision after hearing a joint appeal by four individuals who want to convert out of Islam, at the Federal Court sitting in Kuching.
Other members of the panel include Chief Judge of Malaya Justice Tan Sri Ahmad Maarop, Tan Sri Hasan Lah, Tan Sri Jeffrey Tan and Tan Sri Ramly Ali.
The appellants comprise Syarifah Nooraffyza Wan Hosen, who converted to Christianity while three others, namely Mohd Syafiq Abdullah @ Tiong Choo Ting, Jenny Peter @ Nur Muzdhalifah Abdullah and Salina Jau Abdullah returned to Christianity after divorcing or the death of their spouses.
All four filed an application for a declaration stating that they are Christians.
In doing so, the appellants are also seeking for a 'mandamus' order to compel the Sarawak State Islamic Department director and the department to issue the letter of release from the religion of Islam, a mandamus order to compel the National Registration Department (NRD) director-general to drop the appellants' religion Islam in their identity cards and/or records and/or amend the particulars of the appellants' religion held at the National Registry to that of Christianity.
They had raised the question of whether the Syariah Court's jurisdiction could be read into the Syariah Court Ordinance by implication as it is not expressly stated in its provisions.
However counsel of all the respondents objected on the grounds that the civil High Court has no jurisdiction or power to hear such an application, as the appellants' application pertains to an apostasy issue, which is under the jurisdiction of the Syariah Court in Sarawak.
The appellants' appeal for leave to the Kuching High Court and subsequently Court of Appeal were dismissed after both the High Court judge and Court of Appeal panel agreed to the objection.
The appellants are represented by counsel Baru Bian, Joshua P. Baru and Clarice Chan.
Deputy Sarawak attorney-general Saferi Ali and legal officer Hisyamudin Roslan appeared for the director of Sarawak State Islamic Department, Sarawak Islamic Council and state government while senior federal counsel Shamsul Bolhassan and Leo Saga appeared for director-general of National Registration Department as respondents.