Malaysian Convert Lina Joy Loses Appeal In High Court

In a 2-1 decision, Malaysia's Federal Court ruled today that Lina Joy, a Muslim convert to Christianity, must get permission from a Sharia court in order to have her religion changed on her identification card. The Associated Press and Reuters both report on the long-awaited decision from Malaysia's highest civil court. Writing for the majority, Judge Ahmad Fairuz upheld the refusal by the National Registration Department to change Joy's identification card. He said: "She cannot simply at her own whims enter or leave her religion. She must follow rules."

Dissenting, Judge Richard Malanjum, the only non-Muslim on the panel, said that it was unreasonable to require Joy to go to a Shariah court because she could face a fine or sentence to a rehabilitation center for apostasy by that court. He wrote: "In my view, this is tantamount to unequal treatment under the law."

Shariah courts in Malaysia have jurisdiction over civil, family, marriage and personal rights of the country's Muslims. A DPA report on the case points out that Islamic courts in each of Malaysia's 14 states have different rules. Only one state has provisions for Muslims to convert. Joy herself is in hiding with her Catholic fiance. So long as her conversion is not recognized, she can marry her fiance only if he converts to Islam. (See prior related posting.)

Malaysia Uses Religious Rehabilitation Camps

In an article about Muslims who convert to Christianity in Malaysia, today's New York Times discloses that Malaysian religious authorities sentence converts to "religious rehabilitation camps". The article reviews the high profile case of convert Lina Joy pending in the Federal Court, Malaysia's highest court. The case seeks a ruling that civil courts can order a change of religion on Joy's identity card without approval of her conversion from a Shariah court. (See prior posting.) Shariah courts would likely consider Joy an apostate, and if she did not repent it would likely sentence her to several years in an Islamic rehabilitation center. Joy's case is seen as a critical test of whether Malaysia will remain a secular country.

Meanwhile the New Straits Times says that the Federal Court has indicated that it will not be rushed into rendering its decision in Lina Joy's appeal.

Malaysia's High Court Will Rule Wednesday On Reach of Islamic Courts

On Wednesday, Malaysia's Federal Court, the country's highest tribunal, will be announcing a decision that will be crucial in determining the role of Islamic law in the country. The Associated Press reports on the long-awaited decision. The case involves Lina Joy, who renounced Islam and converted to Christianity. After she converted, she applied for a name change on her identity card. The National Registration Department made the change, but refused to change her religious designation. When she appealed, the lower courts told her that only a Sharia court could pass on whether she could convert. Lina Joy however argues that under the country's Constitution she has the right to choose her religion, and that once she decided to become a Christian, she should no longer be under the jurisdiction of Islamic courts. (See prior posting.)

Joy's attorney, Benjamin Dawson, says: "Our country is at a crossroad. Are we evolving into an Islamic state or are we going to maintain the secular character of the constitution?" If Joy loses, apparently she could be prosecuted in Islamic courts for apostasy.

Arguments In Malaysia's Federal Court In "Lina Joy" Case

The Malaysian news site Sun2Surf today has an extensive account of the arguments in Malaysia's Federal Court in the Lina Joy case. Joy converted from Islam to Christianity and wants the word "Islam" removed from her identity card, but the National Registration Department insists that she first furnish an apostasy certificate from the Sharia Court. (See prior posting.) During oral argument, the Chief Justice asked the lawyer for the Federal Territories Religious Council, Sulaiman Abdullah, why it is not discriminatory to require religion on the identity car of Muslims, but not of non-Muslims. Abdullah responded: "It is a useful provision and serves as a practical process like identifying a person's religion at death, the collection of zakat (tithes), for marriage purposes, for identification during the fasting month and so on." The case has attracted an unusual amount of attention in the United States because the American group, The Becket Fund, is heavily involved in the representation of Ms. Joy in the case, and has written a memo for Malaysian counsel analyzing the international and comparative law issues involved.

UPDATE: On July 4, Bernama reported additional details of oral arguments in the case and said that the Court will deliver its decision as quickly as possible.

Malaysia: Muslim to Hindu Conversion Blocked by Islamic Court; Woman Detained

According to AP and Reuters, a Malay woman was released on July 6 from a 180-day detention in a "religious counselling center." Massosai Revathi had been detained by the Malacca Islamic Religion Council because she sought to convert from Islam to Hindu after marrying a Hindu man. In Malaysia, Islamic courts determine whether a Muslim may convert out of Islam and these courts routinely do not allow such conversion. Without permission, a person cannot marry a non-Muslim or emigrate.

Revathi claims she was subject to "intimidation and mental torture" while in the center. She claims she was placed in solitary confinement, forced to wear a headscarf, pray as a Muslim, and was served beef (which Hindus may not eat). AP reports that Islamic officials also seized the couple's 18-month-old daughter in March and placed her in Revathi's Muslim mother's care. According to the BBC, a lawyer representing the Malacca Islamic Religion Council rejected her allegations and said officials believe that she can still be persuaded to embrace Islam.

In a widely publicized case, in May a woman, Lina Joy, lost a battle in Malaysia's highest court to have the word "Islam" removed from her identity card. She had sought to convert from Islam to Christianity.

Previous posts relating to Lina Joy and Malaysia's treatment of converts can be found here.

Text of Lina Joy Dissent Available

Malaysia's Federal Court has now posted the full text of the dissenting opinion in the Lina Joy case involving civil court jurisdiction to determine whether a conversion out of Islam should be placed on an individual's identification card. (See prior posting.) The majority opinion has not yet been placed online. I will update this posting when it becomes available.

Malaysia's High Court To Hear Case On Jurisdiction Over Converts

Malaysia’s highest court, the Federal Court, announced on April 13 that it would hear a sensitive religious freedom case posing the question of whether a Sharia court must approve a Muslim’s conversion to Christianity, according to Friday’s Christian Post. Azlina Jailani converted to Christianity in 1998. The National Registration Department agreed to change her name on her identity card to her new Christian name, Lina Joy. However, it said it could not change her designated religion without permission from a Sharia court that has jurisdiction in civil and family matters over Muslims. This is preventing Ms. Joy from marrying a non-Muslim since the civil registry only marries those who are officially non-Muslim. Joy’s attorney argues that Malaysia’s Constitution does not require Islamic court approval to convert out of the Muslim faith.