Freedom of Belief and Lina Joy.

Articles upon articles in Malaysiakini and other online media are dedicated to this story. Not surprisingly, Malaysiakini is the most vocal in its criticism of the High Court decision of Lina Joy vs Registration Dept. What do we expect? The law of the land in Malaysia say so, what I dont understand is, why Lina Joy choose this method?
She could simply migrate to some Western country and not an iota would appear in the media.

Let me elaborate further by telling some true story.
I personally know at least 3 women who left Islam, two of them Malay women. As in Lina Joy case, the story has some similarity.
Lina Joy met a Christian fellow, fall in love, become convinced of Christianity and 'murtad'. Read that she left Islam at age of 36, presumably not married ie single before then.
Someone I know, a Malay woman, in this city where I live (let us call her Mrs C) was first married to a Mat Salleh convert and migrate here years ago. Things didnt go well, and they divorced. She 'menjanda' for a few years, then met a Catholic guy, who is deeply religious. Then one day Mrs C saw apparition of Jesus at home, she become confused, started believing in it and 'sujud' at the apparition and asking Allah to show the correct path. The apparition appear again and Mrs C become convinced that Jesus is God. Next she went to church and convert to Catholicism. That was the story told to me. I do not need to elaborate further explanations from Islamic faith.
Another Malay woman, married a Mat Salleh army personnel years ago and migrate here. After a few years, she got divorced, 'menjanda' and got hooked up with another Mat Salleh. She become Catholic and married at a church.
A Fijian Indian woman from a Muslim family just died 2-3 days ago. She married a Mat Salleh, who hasnt convert to Islam. When she almost dying, 'nazak' at the hospital, we were confused when Hare Krishna people come visiting and offer prayers. Then they confided that She had converted to Hinduism and went to Hare Krishna temple for prayers.
Notice the similarity?
They all in thirst of LOVE. The Christians, Catholics and whatever denominations all offer LOVE and spread the message of love, 'Jesus love you' among other things. Lina Joy was 36 when she convert, I assume that she was an 'andartu' then, had never found love and destined to enter prime years as virgin, never had loving relationship with any man. Until she met that Christian fellow.

So whose fault is it that some Malays convert to Christianity or any other religion? We must look at ourselves, our Islamic institutions and the way we do things in Malaysia.
My Islamic knowledge is limited, I have a lot to learn but I can offer to shed some views.
Prophet Muhammad s.a.w encourage us to get married as soon as possible, if we are able. But we Malaysian Muslims put barriers, we set up rules such as exams (yes Muslim couples have to attend course and pass test before they can apply to get married!), dowry and whatever.
Prophet Muhammad s.a.w encourage polygamy, up to four. Yet we set up rules to discourage this, and in the age of many, many more women than men, we have surplus women who end up as 'andartu'.
I know those rules were set up with good intention, BUT ALLAH KNOWS BEST. Allah is All Knowing.
Think about it!


31/05: Shadow cast over similar cases of apostasy
Category: General Posted by: Raja Petra
Muslim groups hail ruling on Lina Joy's appeal but non-Muslims call it a setback

By Carolyn Hong, Malaysia Bureau Chief
The Straits Times

IT WAS a grim day yesterday for Ms Lina Joy, who lost her six-year legal battle to have her conversion from Islam to Christianity recognised.

But it was an equally grim day for at least six other Muslim women who have similar cases pending in the lower civil courts.

They were eagerly awaiting the outcome of this case, seen as a test for religious freedom in Malaysia.

But the judgment did not bring cheer for them.

The Federal Court decided in a 2-1 ruling yesterday that Ms Lina could not have the word 'Islam' deleted from her identity card without first obtaining a certificate of apostasy from the Syariah Court.

But that could prove difficult as the Syariah Court is reluctant to allow it, and some states have also criminalised apostasy.

So far, it is believed that only 15 to 20 Muslims have been allowed to leave Islam officially through the Syariah Court, according to lawyer Pawancheek Merican.

Mr Pawancheek heads Defenders of Islam, a coalition of 80 Muslim non-governmental organisations, which was set up following a spate of religious disputes that have strained race relations in Malaysia.

To some non-Muslims, yesterday's judgment spelt a setback for religious freedom in Malaysia.

'I think it's a major blow,' opposition politician Lim Kit Siang was quoted as saying by Reuters.

'It casts a large shadow on civil liberties and the constitutional rights of Malaysians.'

But Muslim groups hailed it as upholding the special position of Islam in Malaysia and reaffirming the social construct of the country, which gives the Malays and Islam a more prominent position.

The influential Malaysian Muslim Youth Movement said Malaysians should now 'modify their expectations' in line with the realities of the country's social fabric.

'We invite anyone who is aggrieved to use other less confrontational approach towards change and reform,' said its president, Mr Yusri Mohamad.

In law, there is one major point in the judgment which will cast a long shadow over pending cases - the court's ruling on the jurisdiction of the Syariah Court vis-a-vis the civil courts.

Malaysia has a parallel justice system for family and religious matters - the civil court for non-Muslims, and Syariah Court for Muslims.

But there is frequently a tussle in grey areas such as apostasy where the party refuses to submit to the Syariah Court as they have left Islam, or when disputes involve both Muslims and non-Muslims.

Of late, many have turned to the civil courts for redress, but the courts have consistently declined to hear them.

One example is the case of the late M. Moorthy, a soldier who died in 2005 after converting to Islam. His Hindu widow fought the Islamic religious authorities for his body as she insisted that he was Hindu.

The civil court refused to hear her case, saying it was a matter for the Syariah Court.

Mrs Moorthy has filed an appeal in the civil Court of Appeal for her husband's body to be exhumed and cremated according to Hindu rites. This is pending.

The Lina Joy judgment on the jurisdictional issue will have vast implications for this case and other future cases, said lawyer Malik Imtiaz Sarwar.

Mr Malik, who has handled many such cases, said the Federal Court had decided in Ms Lina's case that the Syariah Court could have jurisdiction by 'necessary implication'.

This is because the law does not specifically stipulate that the Syariah Court has jurisdiction over apostasy.

Chief Justice Ahmad Fairuz Sheikh Abdul Halim, who delivered the main judgment, said the Syariah Court had such powers by necessary implication.

'It is logical that the Syariah Court, which has jurisdiction over those embracing Islam, will by implication also deal with the issues of leaving Islam or apostasy,' he said.

Mr Malik said this could mean that the Syariah Court can take jurisdiction over any matter relating to Islam, and this can be a vast area.

It could have an impact on the Moorthy case, and on the case of Mrs R. Subashini, a Hindu who is fighting to stop her estranged husband, who converted to Islam last year, from converting their youngest son.

Her appeal to the Federal Court is pending after a lower civil court said she had to seek redress from the Syariah Court.

But Mr Malik hopes these cases might, in fact, provide the opportunity to revisit this issue of jurisdiction.

'I don't think the issue is closed,' he said.

But another lawyer, Mr Leonard Teoh, who has been monitoring the trial for several non-Muslim NGOs, thinks the next step has to be a political one.

'In the interest of racial and religious harmony, something needs to be done,' he said.