Malaysia refuses woman's plea to leave Islam
Eileen Ng - Associated Press Writer OneNewsNow.comMay 30, 2007
PUTRAJAYA, Malaysia - Malaysia's top civil court on Wednesday rejected a woman's appeal to be recognized as a Christian, in a landmark case that tested the limits of religious freedom in this allegedly moderate Islamic country.
Lina Joy, who was born Azlina Jailani, had applied for a name change on her government identity card. The National Registration Department obliged but refused to drop Muslim from the religion column.
She appealed the decision to a civil court but was told she must take it to Islamic Shariah courts. Joy, 43, argued that she should not be bound by Shariah law because she is a Christian.
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.
Joy was not present at Wednesday's hearing.
About 60 percent of Malaysia's 26 million people are Malay Muslims, whose civil, family, marriage and personal rights are decided by Shariah courts. The minorities _ the ethnic Chinese, Indians and other smaller communities _ are governed by civil courts.
But the constitution does not say who has the final say in cases such as Joy's when Islam confronts Christianity, Hinduism, Buddhism or other religions.
The founding fathers of Malaysia left the constitution deliberately vague, unwilling to upset any of the three ethnic groups dominant at the time of independence from Britain 50 years ago, when building a peaceful multiracial nation was more important.
The situation was muddied further with the constitution describing Malaysia as a secular state but recognizing Islam as the official religion.
Joy, who began going to church in 1990 and was baptized eight years later, has been disowned by her family and has said she was forced to quit her computer sales job after clients threatened to withdraw their business.
She and her ethnic Indian Catholic boyfriend went into hiding in early 2006 amid fears they could be targeted by Muslim zealots, Joy's lawyer has said.
Joy's case sparked angry street protests by Muslim groups and led to e-mail death threats against a Muslim lawyer supporting her.
Leonard Teoh, a Malaysian Catholic lawyer, expressed disappointment at Wednesday's ruling, saying the verdict failed to protect religious rights.
"People like Lina Joy shouldn't be trapped in a legal cage, not being able to come out to practice their true conscience and religion," Teoh said.
Muslim Youth Movement President Yusri Mohammad said Wednesday that "we fully believe justice has been served."
"We praise Allah for the decision taken by the court," Mohammad said. "It should be seen as a rejection of attempts by certain individuals, certain parties, to deconstruct and radically revamp our current formula" for religious issues.
Joy's case is the most prominent in a string of recent religious disputes, some involving custody of children born to parents of different faiths, and one involving a deceased Hindu man who converted to Islam without his family's knowledge and whom Islamic authorities ordered to be buried as a Muslim.
Malaysia refuses woman's plea to leave Islam
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