Cahaya’s Rants

This is how difficult it is to renounce Islam in Malaysia, the so called moderate Islamic country. If it is true that “There is no compulsion in religion” why does it take this long for Lina Joy’s appeals to be heard in the Federal court?

The civil courts in Malaysia are too timid to interpret the law that are in place to protect the citizens’ rights, or more accurately too fearful of the repercussions that could result in an “explosive” case such a this. A court decision in Lina Joy’s favour could mean, at worst a fatwa on her head by Islamists, or at best, the opening of the floodgates where other apostates would come out and renounce Islam openly.

Make no mistake that the ruling Muslim majority won’t be too happy with the decision of the Federal Court should Lina Joy get the justice due to her. It is even possible that the judges could face some sort of retribution from the government, and also from some Islamists. It would not be the first time if that happens for the courts in Malaysia have been intimidated in the past into doing what the government wanted it to do.

Woman can appeal against NRD’s refusal to remove ‘Islam’ on her NRIC

R. Surenthira Kumar

The Sun

The Federal Court today (April 13, 2006) granted a woman’s application for leave to appeal against the National Registration Department’s (NRD) decision to reject her application to remove the word “Islam” from her identity card.

The three-man bench of Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim, Justice Datuk Richard Malanjum and Justice Datuk Augustine Paul was unanimous in its decision.

Ahmad Fairuz said the principal issue in this case is a matter of general principle on which there has been no decision by the Federal Court.

“It is also a matter of public importance of which further argument followed by a decision of this court would be to the public advantage,” he said.

Following the decision, the Federal Court will now hear and decide which court - Syariah or civil - will have jurisdiction to decide on the religion of a Muslim who renounces Islam as his or her religion and seek to rectify the status on his or her identity card with the NRD.

Lina Joy, 42, is appealing against the Court of Appeal decision which upheld the High Court’s ruling on April 18, 2001, that being a Muslim, she could not renounce Islam, and that the issue should be decided by the Syariah court.

Lina, whose birth name was Azlina Jelani, had filed a suit against the Federal Territory of Kuala Lumpur Islamic Religious Council, the director-general of the NRD, and the government after her application to remove the word “Islam” from her identity card was turned down by the NRD.

She is also seeking a declaration that she is free to practise the religion of her choice as enshrined in the Federal Constitution.

Ahmad Fairuz said the granting of the application for leave to appeal was based on the following factors:

• whether the NRD is entitled in law to impose a requirement for deleting the entry of “Islam” in the applicant’s identity card, that she produce a certificate or a declaration or an order from the Syariah court that she has apostatised.

• whether the NRD has correctly construed its powers under the National Registration Regulations to impose the registration as stated above when it is not expressly provided for in the registration.

• whether the Soong Singh case was rightly decided when it adopted the implied jurisdiction theory propounded in the Ng Wan Chen v Md Hakim Lee case, which declared that unless an express jurisdiction is conferred on the Syariah court the civil courts will retain their jurisdiction.

Lina’s lawyer, Datuk Dr V. Cyrus Das, told the court that besides the above reasons, the NRD’s decision to deny her application was erroneous and defied logic.

He said it is the Federal Territory of Kuala Lumpur Islamic Religious Council which should decide on Lina’s religious status and not the Syariah court.

“You cannot tell her to go and try to obtain the certificate from the Syariah court as she has contended that she is not a Muslim to approach the Syariah court,” Das said.

Senior Federal Counsel Datuk Umi Kalthum Abdul Majid submitted that it was the Syariah court that had the inherent jurisdiction to grant a declaration that Lina had renounced Islam as provided for under the Federal Territory of Kuala Lumpur Islamic Administration Act.

She said the NRD was unable to approve Lina’s application because it did not have the jurisdiction.

Umi Kalthum said the jurisdiction to determine her apostasy status is exclusively that of the Syariah court or any other islamic authority.