3. Lina Joy Migrating?
A woman who lost a court battle to change her religion to Christianity from Islam suggested she might leave Malaysia rather than stay without the right to practice the religion of her choice, her lawyer said yesterday.
Malaysia's highest civil court on Wednesday rejected Lina Joy's appeal to have the word "Islam" stricken from her national identity card.
The verdict was seen as a blow to religious freedom in this ethnically diverse country made up of Muslims, Christians, Buddhists, Hindus, and Sikhs.
"I am disappointed that the Federal Court is not able to vindicate a simple but important fundamental right that exists in all persons: Namely, the right to believe in the religion of one's choice," Ms. Joy said in a statement released through her lawyer, Benjamin Dawson. "The Federal Court has not only denied me that right but [denied it] to all Malaysians who value fundamental freedoms," she said.
About 60% 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 Ms. 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.
In its verdict Wednesday, the Federal Court said Ms. Joy — who was born to Islamic parents and began attending church in 1990 — should seek permission to renounce Islam from Islamic Shariah courts.
Ms. Joy, however, has refused to seek the Shariah court's permission, saying she is a Christian and should not be bound by Islamic laws. If she continues to practice Christianity, she faces being charged with apostasy, which is punishable by a jail sentence and fine. She also has the option to leave the country.
Asked if she will take that option, Ms. Joy, 43, said in her statement: "It would be extremely difficult to exercise freedom of conscience in the present environment." Mr. Dawson, her lawyer, said members of the press are free to draw their conclusions from the statement.
Ms. Joy, who was baptized in 1998, was successful in getting the National Registration Department to change her name to Lina Joy on her identity card.
But the department refused to drop Muslim from the religion column of the card. A series of rejected appeals from 2000 onward brought her case to the Federal Court - AP.
