
A three-member bench chaired by Justice Abu Bakar Jais unanimously ruled that the matter raised by the 47-year-old man fell within the jurisdiction of the shariah court.
“The judicial review includes a declaration that the applicant is no longer a Muslim. This has been decided to fall within the purview of the shariah court. Once it is considered within that jurisdiction, the matter should go before (that court).
“We do not think there is a novel issue raised. We have respectfully dismissed the application as the threshold under Sections 96(a) and 96(b) of the Courts of Judicature Act 1964 has not been met,” Abu Bakar said.
No order was made as to costs, with the court noting that the case involved a matter of public interest.
Also on the panel hearing the appeal were Justices Nallini Pathmanathan and Nordin Hassan.
The applicant married a Muslim woman in 2010 but the couple divorced five years later.
In 2016, he applied to the shariah court to renounce Islam, but was instead ordered to attend counselling sessions. The court later dismissed his renunciation bid and directed that he undergo further counselling.
His appeal to the shariah appellate court was also rejected.
He then turned to the civil courts, seeking to quash the shariah court’s decision and obtain a declaration that he is entitled to return to his original faith.
The applicant was represented by lawyers Iqbal Harith Liang and Firdaus Danial Tan, while senior federal counsel Ahmad Hanir Hambaly appeared for the federal government.