Application for Declaration of Religion’s Status in Malaysian Shariah Court:

An Analysis on the Judge’s Approach Within the Purview of Maslahah

Mohd Lotpi bin Mohd Yusob

Abdul Karim bin Ali

 

Abstract: Application for declaration of religion’s status is one of issues which seem to be unresolved and continuously discussed in the judicial realm. The application is made by Muslim who wants to convert out of Islam for certain reason. The Malaysian Shariah Court have been inconsistent in deciding the said application. This note finds that the courts embrace two approaches, namely preventive and reconciliatory, in deciding the application. Both are based on ma?la?ah (interest which is in line with Islamic principles and purposes) and both approaches are prudent precedence. However, the reconciliatory approach is the best in the sense that the judge will have to consider both preventive and reconciliatory approaches and adopt the most suitable and practical to the current situation. In the situation where the application becomes widespread, the first approach should be put in practice to avoid the floodgate to “riddah” (denouncing Islam). In contrast, in the situation when the application is not rampant, then the second approach should be put in place.