The Kuching High Court has allowed a Sarawakian’s leave application for judicial review following the applicant’s case to renounce Islam as his religion.

The issue of the case is whether the Syariah Court or the High Court has the jurisdiction to hear the matter involving apostasy, reports news portal Borneo Post Online .

High Court Judge Yew Jen Kie fixed an inter partes hearing on Jan 15 next year. The applicant was represented by counsel Chua Kuan Ching.

The applicant, Azmi Mohamad Azam Shah @ Roneey, a Bidayuh, had been given the name ‘Rooney Anak Rebit’.

The 40-year-old’s parents were Christians by religion. Azmi’s father was a soldier and both his parents were attracted to Islam when his father was on duty in Kuala Lumpur.

The applicant’s parents converted to Islam in Sarawak. Azmi was then eight years old.

He filed for a judicial review to gain recognition that he’s a Christian; an order of mandamus to compel the first and/or second respondents to issue the letter of release from Islam, an order of mandamus to compel the third respondent to change the applicant’s name from Azmi B Mohamad Azam Shah @ Roneey to Roneey Anak Rebit; and an order of mandamus to compel the third respondent to drop the applicant’s religion of Islam in his identity card and/or the records and/or particulars of the applicant’s religion held at the National Registry to that of Christianity.

The first and second respondents - Sarawak Islamic Religious Department and Sarawak Islamic Council - had no objection to issue the ‘Letter of No Objection To Come Out From Islam’ to the applicant.

But the third respondent, the National Registration Department, insisted that the applicant should get an order from the Syariah Court instead of filing through the Civil Court.

The judge on Thursday granted the leave application for judicial review as the applicant converted when he was a minor and thus had no choice but to follow his parents.

Also, since the applicant cannot be considered as a person professing the religion of Islam, he is not subject to the jurisdiction of the Syariah Court and is not bound by the Federal Court’s decision of ‘Lina Joy’ as submitted by the third respondent.

The judge also ruled that the Civil Court has jurisdiction to hear this matter since it involves personal rights of a person for freedom of religion as enshrined under Article 11 of the Federal Constitution.