Lina Joy has lost her six-year legal battle for official recognition of her conversion to Christianity from Islam. The Federal Court of Malaysia has rejected her final appeal.
Lina Joy lost her final round of appeal when the Federal Court dismissed on Wednesday her appeal against a ruling that the National Registration Department was right not to allow her to remove the word "Islam" from her identity card.
. . .
On Sept 19, 2005, the Court of Appeal decided that the NRD director-general was right in refusing her application to drop her religious status from her IC on the grounds that the Syariah Court and other Islamic religious authorities did not confirm Lina’s renunciation of Islam.
The three-judge panel split two to one on the decision.
It would appear that this decision gives Muslim legal tribunals precedence over civil courts. If that is indeed the case, one might well conclude that, with this ruling, Malaysia’s "highest" court has subordinated itself to Islamic shari'a tribunals.
One might also conclude that the constitution’s guarantee of religious freedom is a sham for ethnic Malays who choose to renounce Islam.
Previous related posts:
- High court to rule on whether Malaysians can convert from Islam
- Secret Christian converts in Malaysia
UPDATE (30 May): More details here. The three judges split along religious lines: The two Muslims rejected Lina’s appeal, while the one non-Muslim found in her favour.
A three-judge Federal Court panel ruled by a 2-1 majority Wednesday that only the Islamic Shariah Court has the power to allow her to remove the word "Islam" from the religion category on her government identity card."She cannot simply at her own whims enter or leave her religion," Judge Ahmad Fairuz said. "She must follow rules."
Judge Richard Malanjum, the only non-Muslim on the panel, sided with Joy, saying it was "unreasonable" to ask her to turn to the Shariah Court because she could face criminal prosecution there. Apostasy is a crime punishable by fines and jail sentences. Offenders are often sent to prison-like rehabilitation centers.
My question for Judge Fairuz would be: But why does an Islamic "court" get to set the "rules"?









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