The only recourse for Muslims to convert to another faith is the Syariah court.This was the response from Minister in charge of Islamic affairs Datuk Seri Jamil Khir Baharom (pic) when asked about the government's proposal to overcome the problems in cases where a non-practising Muslim wanted to convert to another religion.
Jamil Khir said the law sided with the religion stated in official documents, such as the birth certificate or identity card.
"So if these documents state Islam as the holder's religion, then it can only be reversed by the Syariah court," he explained.
The question was posed by Michael Jeyakumar (DAP - Sungai Siput) during the adjournment speech in Parliament today.
Jamil Khir said those who claimed to have never practised Islam had to prove it in court.
Jeyakumar then cited the case of a 28-year-old kindergarten teacher who sought a declaration from the Syariah court that although her religion was listed as Islam, she had never practised the religion and was brought up a Hindu by her parents.
The reason she and her two siblings were registered as Muslims was because her Hindu father had initially married a Muslim woman, who died.
He then married a Hindu woman and had three children, including the kindergarten teacher.
The Seri Manjung Syariah court rejected her application to remove Islam as her religion in her documents and sent her for counselling instead.
Jeyakumar, speaking to The Malaysian Insider later, said this woman's case cannot be considered apostasy because she was never a practising Muslim.
"She is married to a Hindu but their marriage is not registered. She is also due to deliver her first child soon and this will mean that the cycle will begin all over again," said Jeyakumar.
He added it was imperative that Muslim scholars come out and explain the meaning of apostasy because this causes confusion in the Syariah courts, especially in cases like that of the kindergarten teacher which did not fall into that category. - September 24, 2013.
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