Renouncing Islam in the Federal Territories of Malaysia
These are my views on the Federal Constitution, the law and its practice where it relates to apostasy, and my experience conducting such cases in Kuala Lumpur and Putrajaya in the Federal Territories of Malaysia; I do not consider its theological aspects. In Malaysia, it is said that converting into Islam is like checking into the Hotel California. You can check out anytime you like, but you can never leave. From my experience, that is how many who converted to Islam and want to leave, feel. I know this because I am regularly sought for advice on such matters, have listened to numerous stories, and have been involved with freedom of religion issues over the last few years. I do not say this by way of boasting or touting this as success. If I had it my way, no one need have to be in a lawyer’s office about matters of faith. That I am regularly sought for such advice is, to me, a cause for tragedy, not one for celebration or ‘business’. The overwhelming majority of those that seek me out are those that converted to Islam to marry a Muslim man or woman whom they later divorced. If that person is of Chinese, Indian, or Western descent, nine times out of ten I know their story already. It’s just the details that need filling in. The non-Muslim falls in love with a Muslim and converts to Islam to marry because in Malaysia a Muslim and a non-Muslim cannot legally marry. With limited exceptions which are near impossible to meet, in Malaysia, only Muslims can marry Muslims. The non-Muslim must convert in order to marry the Muslim. So the non-Muslim converts to Islam by going to a state religious department or an authorized organization by filling in a form and reciting the Kalimah Shahadah (the Islamic declaration of faith) before two witnesses. The convert signs the forms and is issued a conversion card, a Kad Muallaf. Said convert then attends a two-day marriage course. In the cases that come to me, it is common for the Muslim in such a relationship to be the non-practicing sort if not downright rebellious. Both sides just as often partake in matters forbidden or discouraged by Islam. Or if they didn’t partake in it, they had no issues with it at the time. Religion was not a factor in their relationship. At the time. That is often why the non-Muslim got along so well with the Muslim to the point of marriage in the first place. The couple may or may not have children. The marriage lasts for X years before ending in divorce. The convert may or may not go on to marry another Muslim. Whatever the case, the convert wants to leave because they never really believed in the faith. They feel the desire to be identified by their real faith or want to marry a non-Muslim, or both. They converted at the time because they saw converting into Islam as an administrative requirement to fulfill in order to marry the Muslim they loved at the time. Only a small minority of those I have consulted were born Muslim but because of upbringing, circumstance or a natural orientation towards a different belief wished to renounce Islam. The decision to formally leave Islam is usually not immediate. Very often several if not many years pass before they summon up the courage to seek legal advice. Despite the variety of circumstances in which they ended up Muslim, they share the same anguish and anxiety at their inability to be formally and legally recognized as non-Muslim. They don’t want to disrespect the religion but they also want to live their lives out authentically. They live in constant anxiety from having to pretend to be Muslim in public as well as the fear of being found out and prosecuted for not being a ‘true’ Muslim. This state of affairs causes them immense misery and distress. It is when they move past their fear and anxiety and muster their courage do they finally seek legal advice. And even then only a rare few see it through. Perhaps my slow take-up rate is because I do not varnish the facts or candy coat my advice. The process of an application to renounce Islam in the Wilayah Persekutuan Syariah Courts The process of an application to renounce Islam in the Wilayah Persekutuan syariah courts is a daunting one for a non-Muslim masquerading as a Muslim unfamiliar with the practice and culture of Islam. Such a person has to file a claim in the syariah high court and cite the Majlis Agama Islam Wilayah Persekutuan (MAIWP) as the defendant. The claim is served on MAIWP who will file a statement of defence to oppose the application. As a matter of course, MAIWP will apply to the court to have the person go for religious counselling sessions managed and conducted by the Mufti’s Department. The Mufti’s Department is responsible for advising on matters of Islamic law. The person can oppose such an application but it will inevitably be granted. It’s standard practice. A person’s usual reaction is not to challenge this process because they do not want the process to take any longer than it needs to. The person will have to attend between twelve to fourteen hours of such counselling sessions. After that, a report is prepared which purports to assess the person’s knowledge about Islam. The report also provides a recommendation about what should be done about that person’s ignorance about matters relating to the Islamic faith. The recommendation unsurprisingly is almost always that the person does not understand Islam enough and requires more religious counselling. Once the report is served, the court will fix trial dates. Often just like the civil courts, a witness statement is prepared setting out how they came to convert into Islam, the reasons why they wished to leave and specific denials of the tenets of the Islamic faith. They will take
