Why are Shariah Courts the sole authority on religious conversion cases?

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Shariah Courts Hold Exclusive Jurisdiction Over Religious Conversion Cases in Malaysia

The High Court has ruled that Shariah Courts possess the sole authority to adjudicate cases involving religious conversion, thereby rejecting a woman's judicial review application to renounce Islam. This decision stems from the constitutional framework that delineates the powers between civil and Shariah courts, with the latter being specifically empowered to handle matters pertaining to Islamic law, including conversion. The applicant, who had converted to Islam in 2017 to marry a Muslim man but later separated before the wedding, sought to have her status as a Muslim officially nullified. However, the judge affirmed that such a request falls squarely within the purview of the Shariah Courts, referencing Article 121(1A) of the Federal Constitution, which stipulates that civil courts shall not have jurisdiction over matters within the jurisdiction of the Shariah Courts.
Constitutional Division of Powers Between Civil and Shariah Courts

Malaysia's legal system operates with a dual court structure, where civil courts handle matters of secular law and Shariah courts preside over cases concerning Muslims and Islamic jurisprudence. Article 121(1A) of the Federal Constitution is a pivotal provision in this regard, explicitly stating that the High Courts of Malaya and Borneo, and the subordinate courts, shall have no jurisdiction in respect of any matter within the jurisdiction of the Shariah courts. This constitutional clause serves to reinforce the separate and distinct jurisdiction of the Shariah courts in matters of Islamic personal law, which includes issues of conversion into or out of Islam for individuals identified as Muslim.
Jurisdiction of Shariah Courts in Conversion Matters

The Administration of Islamic Law (Federal Territories) Act 1993, specifically Section 91, states that individuals who embrace Islam are considered Muslim for life. While the applicant challenged the constitutionality of this provision, arguing it conflicted with the freedom of religion guaranteed under Article 11(1) of the Federal Constitution, the High Court's decision underscored the established jurisdiction of the Shariah Courts. These courts are empowered to interpret and apply Islamic law, including the legal implications of conversion and the procedures, if any, for renunciation, which are determined under their specific mandates. The applicant’s attempt to have her name removed from the Kuala Lumpur Registrar of Muallaf (ROM) was deemed by the court to be a matter requiring adjudication within the Shariah legal framework.
The Role of the Registrar of Muallaf and Islamic Religious Councils

The Registrar of Muallaf (ROM) and the Federal Territories Islamic Religious Council (MAIWP) are bodies established to manage affairs related to Muslim converts. However, their administrative functions do not supersede the judicial authority of the Shariah Courts in determining an individual's religious status. The applicant’s contention that the ROM should have the power to cancel her Muslim status, rather than the Shariah Courts, was rejected. The ruling clarifies that while these bodies manage records and provide guidance, the ultimate legal determination of religious conversion and its consequences rests with the Shariah judiciary, reflecting the comprehensive nature of Islamic law as applied in Malaysia.

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Why are Shariah Courts the sole authority on religious conversion cases?

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