Some States Allow For The Renunciation Of Islam

ARCHIVES 2012

By admin-s On Nov 14, 2012

State Islamic laws of Perlis, Selangor, Perak, Penang, Malacca, Negeri Sembilan and Johore expressly provide that the relevant State authorities may declare individuals as having renounced the religion and therefore no longer Muslims.

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One should distinguish between what the Islamic law in some States is from what it ought to be. This post is about the former, not the latter.

In Perlis, Selangor, Perak, Penang, Malacca and Negeri Sembilan, the relevant State laws provide that the Syariah High Court shall in its civil jurisdiction, hear and determine actions and proceedings that relate to, among others, a declaration that a person is no longer a Muslim and/or a declaration that a deceased person was a Muslim or otherwise at the time of his death. See:

Section 61, Perlis’ Enactment No. 4/2006 (wef 1.1.2010)

Section 61, Selangor’s Enactment No. 1/2003 (wef 1.9.2003)

Section 50, Perak’s Enactment No. 4/2004 (wef 1.6.2005)

Section 61, Penang’s Enactment No. 4/2004 (wef 1.1.2006)

Section 49, Malacca’s Enactment No. 7/2002 (wef 14.6.2003)

Section 61, Negeri Sembilan’s Enactment No. 10/2003 (wef 1.3.2004)

In Johore, section 141(2), Enactment No. 14/1978 (wef 16.2.1979) is a mandatory provision wider in scope than those of the aforesaid States and reads as follows: