முஸ்லீம் மதம் மாற முடியாது. மலேசியா தீர்ப்பு

முஸ்லீம் மதம் மாற முடியாது. மலேசியா தீர்ப்பு

Malaysia rejects convert's bid to be recognised as Christian


Ian MacKinnon, south-east Asia correspondent
Wednesday May 30, 2007
Guardian Unlimited


Muslims in Malaysia celebrate the court’s decision rejecting Lina Joy’s appeal to be recognised as a Christian. Photograph: Marcus Yam/AP



The highest court in Malaysia today rejected a Muslim convert's appeal to be recognised as a Christian, ending a six-year legal battle that will heighten the country's religious minorities' concerns over discrimination.

Lina Joy, 42, had fought the decisions of Malaysia's lower courts in an effort to have the word "Islam" removed from her identity card, arguing that the country's constitution guarantees her religious freedom.


But in a landmark ruling the three judge panel decided in a majority verdict that it had no power to intervene in apostasy cases, which fall under the jurisdiction of Malaysia's Sharia courts.

The woman, who gave up her job and went into hiding last year after being shunned by family and friends, was not in court. Earlier her lawyer said she realised her chances of victory were slim but believed she had to battle on to win the right to a normal life.


Two hundred Muslim protesters who gathered in a prayer vigil outside the federal court buildings today greeted the verdict with cries of "Allah-u-Akbar" (God is great).


The court's decision comes as tensions grow between the Muslim Malay majority and the ethnic Chinese and Indian minorities who are mainly Hindu, Buddhist or Christian.


Islam is the official religion in a country where 60% of the 27 million population are ethnic Malay. The constitution guarantees freedom of worship, but Malays must be Muslim by law.


Malaysia's civil courts run in tandem with the Sharia courts, which rule on family issues such as divorce, child custody and inheritance for Muslims. However, it has never been made clear which branch of the court takes precedence.


Ms Joy - born Azlina Jailani - started attending church in 1990 and was baptised eight years later. She was given permission to change her name, but "Islam" remained on her identity card under her religion.


In 2000 Ms Joy, who has an ethnic Indian Catholic boyfriend, applied to the high court to have her religion changed but was referred to the Sharia court. She challenged the decision in the appeal court and finally took the matter to the apex federal court.


"She cannot simply at her own whim enter or leave her religion," Judge Ahmad Fairuz said during today's ruling. "She must follow rules."


But Judge Richard Malanjum, the only non-Muslim on the panel, sided with Ms Joy, saying it was "unreasonable" to ask her to turn to the Sharia court as she could face criminal prosecution because abandoning Islam is punishable by a fine or jail.


Critics of the verdict expressed dismay and said it failed to uphold the legal rights of Malaysians.

"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," said Leonard Teoh, a Malaysian Catholic lawyer