Now one of the biggest tools of antiIslam/anti-Muslim propaganda is based on the issue of apostasy, claiming that Islam does

not uphold the freedom of faith. Undeniably, the traditional position of Muslim scholars and jurists has been that apostasy [riddah] is punishable by death

the person in question : (a) has understood and professed the Shahadah, (b) has acquired knowledge of those rulings of the syariah, necessarily known by all Muslims, (c) is of sound mind at the time, (d) has reached or surpassed puberty, and (e) has consciously and deliberately rejected or consciously and deliberately intends to reject as untrue either the shahadah (and what it is commonly known to entail) or those rulings of the shariah necessarily known by all Muslims. Maliki scholars additionally require that the person in question (f) have publicly engaged in the obligatory practices of the religion.

Apostasy is a cutting ones adherence to Islam by intending to do so, by saying something which would caused one to fall into disbelief, or by action. No difference to be observed between whether this was done with the intention of sarcasm and satire or through conviction.

The right to freedom of religion is guaranteed in Article 11(1) of the Federal Constitution of Malaysia. However, as Islamic matters belong to the state jurisdictions, most provisions in relation to apostasy are under the exclusive jurisdiction of the Shari'a Courts. Apostates are subject to punishments such as fine, imprisonment and whipping.

Dalip Kaur v Pegawai Polis Daerah, Balai Polis Daerah Bukit Mertajam & Anor > The appellant appeal to the High Court of Penang that her son, Gurdev Singh s/o Guruvak Singh (the deceased) was at that time of his death (3rd Oct. 1991) not a muslim and/ or renounce the Islamic faith and also consequential declaration that she was entitled to claim the body of the deceased from the district hospital, Bukit Mertajam.

Deceased converted to Islam on 1 June 1991 before the District Kadi of Kulim, Kedah. Judicial Commissioner rejected the appeal (for an apostasy declaration) based on the ground that the signature on the deep poll was not that of the deceased. Appellant appeals to the High Court but the earlier decision was confirmed. The appellant then appealed again to the Supreme Court, but the court held that questioned should be decided by the Syariah Courts.

Born as Azlina Jailani in 1964. Converted at the age of 26 to Christianity Change her name on her My Card in 1999 and was recognized. In the same year, she filed suit with the High Court by passing the Syariah Court to change her religion in her My Card. In 2006, she filling the suit with Fedral Court but majority verdict in 2007 rejected her proposal and dismissed.

Section 112 of Evidence Enactment which provides that the birth of a child during a valid marriage or within 280 days after its dissolution, is conclusively proof of legitimacy, unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten.

A child born to a Muslim woman 4 months after her marriage was declared legitimate due to application by the civil court of section 112 of the Evidence Enactment. In contrast with the provisions of Mohammedan Law in regards to the same subject matter, questions of legitimacy are referred to the date of the conception of the child, and not to the period of its birth.

Quotes from Moohummudan Law of Inheritance, p.36: To establish the descent of a child from a man, it is necessary that the relation between its parents, which legalizes their intercourse, should have subsisted at the supposed period of its conception. Accordingly, if a married woman should produce child within 6 months from the date of the marriage, which is the shortest period of gestation in the human species according to the Moohummudan lawyers, its descent is not established. The paternity of a child born within six months of marriage is only established if the husband acknowledges that child is his.