AGC objects to woman's judicial review to cancel name from Register of Muallaf

Federal Counsel Mohammad Sallehuddin Md Ali told the High Court that the application was not open to judicial review under Article 121 (1A) of the Federal Constitution, saying that the application was 'frivolous and vexatious and should be dismissed by the court'.

The woman's counsel, Iqbal Harith Liang argued that the application was not barred by Article 121 (1A) of the Federal Constitution.

"The Registrar of Muallaf's legal duty to decide the applicant's application to convert out of Islam is implied in Section 89 of the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505). The applicant prays for leave to be granted for judicial review proceedings to be commenced against the respondents," he added.

After hearing the submissions from both parties, Judge Datuk Ahmad Kamal Md Shahid fixed Sept 21 to deliver his decision.

The 26-year-old woman filed the application on April 20 and named the Federal Territory Registrar of Muallaf, the Federal Territory Islamic Religious Council (MAIWP) and the government as the respondents.

Born to Christian parents, she sought a declaration that the Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) gives jurisdiction to the first respondent (Registrar of Muallaf) to declare that a person is no longer a Muslim.

She also requested that her name be cancelled from the Register of Muallaf immediately, adding that its refusal or delay to make decisions on her application filed on Jan 30, Feb 20 and March 17, 2023, is irrational and unreasonable.

In her supporting affidavit the woman said on Aug 18, 2017, she converted to Islam and registered as a mualaf after a Malay Muslim man asked for her hand in marriage.

However, on Jan 27 last year, she pledged in an affidavit that she wanted to leave Islam and return as a Christian and applied to have her name removed from the registry to which the Registrar of Mualaf has yet to reply.