Just recently, Pope Benedict XVI officially consigned the heavily controversial 'Limbo' doctrine to its oblivion. In Catholicism, the term 'Limbo' was used to describe the abode of un-baptised but innocent or righteous souls, as those of infants or virtuous individuals who lived before the coming of Christ. But in our contemporary society, we are more familiar with its less theological meaning. So when someone says you are in a limbo, it means you are in a state of oblivion; you are neither here nor there, locked away in an in-between vacuum.
While, parents of un-baptised infants who passed away can now rejoice for the soul of their unfortunate child, here in Malaysia, a woman of sound age and mind by the name of Lina Joy now finds herself trap in a limbo.
The Federal Court's majority decision to deny her the right to have the word 'Islam' removed from her national identification card has placed her in an uneasy situation.
She has insisted she is a Christian and has been practising as one for a great part of her adult life. Chief Justice Ahmad Fairuz in the judgment states apostasy was within the jurisdiction of Islamic law and the Syariah courts. He also adds that the civil courts cannot interfere. Now, Lina Joy is in a legal conundrum here. If she pursues this matter in the Syariah courts, it could imply that she is submitting to their jurisdiction and since this court only adjudicates over Muslims, her action would be a slap in her own face.
Furthermore, if the Syariah courts, for whatever reason, disallows her application, where can she go and pursue her grievance? Certainly not in the civil courts since our learned Chief Justice has already reminded us Malaysians that the court would not interfere in what is essentially, in his opinion, the Syariah courts' matter.
So where does that leave Lina Joy now? Unable to marry the man she loves, she would not able to bear a legitimate child with him. If they continue to be in this relationship, she could always be arrested by Jakim officers for 'khalwat' (close proximity). Even at her demise, she cannot be buried in accordance with her religious beliefs.
To Joy, I feel for you. My only advice to you is to leave this country and start afresh somewhere else with your partner. I wish you all the best in your future endeavour.
