March 16 decision on convert’s bid to renounce Islam
(NST) – GEORGE TOWN: The Syariah Court of Appeal has fixed March 16 to deliver a landmark decision in the case of a Muslim convert who wanted to renounce Islam and return to her Buddhist faith.
Presiding judge Datuk Ibrahim Lembut, who sat with Datuk Abu Bakar Ahmad and Datuk Muhammad Asri Abdullah, postponed the case after hearing submissions yesterday.
Ibrahim said the case of Siti Fatimah Tan was unique so the court needed additional time to study the submissions.
Siti Fatimah was represented by Ahmad Jailani Abdul Ghani while Ahmad Munawir Abdul Aziz appeared on behalf of the state Islamic Religious Council.
The council had filed its appeal last May, the same day Syariah High Court judge Othman Ibrahim allowed the Muslim convert to renounce Islam and return to her Buddhist faith.
Othman had said that the court had no choice but to declare Tan, whose given name is Tan Ean Huang, no longer a Muslim as she had never practised the teachings of Islam.
He also ordered her conversion certificate to be annulled.
Tan, from Nibong Tebal, filed an application on July 10, 2006, claiming she had embraced Islam just for the sake of marrying an Iranian named Ferdoun Ashanian.
In her affidavit to renounce the religion, Tan said she had never practised any of the Islamic teachings despite having converted in July 1998.
The couple were married in 2004 but the man left her after just four months. Tan claimed no knowledge of his whereabouts.
During the submission, Ahmad Munawir contended that Siti had no right under Syariah law to turn her back on Islam and did not have the freedom to renounce the religion.
He appealed on the grounds that the trial judge then had misconstrued several sections of the Administration of the Religion of Islam (State of Penang) Enactment 2004.
Ahmad Jailani submitted it would be cruel for Siti to maintain her religious status as she had not shown any attempt to profess the Islamic faith.
He said there was no point for Siti to remain a Muslim as her heart was no longer with the religion.
