I refer to the malaysiakini report No joy for Lina .
The majority decision ruling that Lina Joy remains a Muslim and that her religion remained within the jurisdiction of the Syariah court is in itself a paradox. How can the august court rule on her religious status, yet order that her religious status be submitted to the Syariah court which by the way, is for Muslims only?
What's Lina Joy's religion now? Chief Justice Fairuz and Justice Alauddin have declared that she is a Muslim officially although the state of her mind is Christian. Which will be the apex law for all Malaysians? Will our civil court be subjugated to the powers of the Syariah court? It appears that a Muslim who has chosen to adopt a new faith and whose personal conviction renders him or her no more a Muslim, must submit to legislation by the Syariah court.
Article 11 (subject to Clause 4) of our Federal Constitution guarantees every Malaysian a right to freedom of religion and freedom of worship. Does the Federal Court's decision yesterday render Article 11 completely invalid?
Article 11(4) reads that state law and in respect of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam. Article 11(4) relates to propagation. Lina Joy embraced Christianity on her own free will. Where was the propagation?
Non-Muslims in Malaysia are free to convert to any new faith they are comfortable with, without having to seek written permission from whatever authorities of their original religion. But now, they have reason to fear.
Now that the civil courts have ruled that Lina Joy is a Muslim, what is to become of Lina Joy? The civil court ruled that she is a Muslim but also said that the Syariah court determines her religion. Will she be allowed to freely continue living as a Christian? Or will the religious authorities come and snatch her away to be detained at some 'Pusat Pemulihan Akhlak' (loosely translated as Moral Rehabilitation Center). Will she now be subjected to religious persecution?
From an international perspective, while Malaysia may portray itself as a moderately developed Islamic country, religious freedoms still has a long way to go given the disturbing cases of Moorthy, Rayappan, Raimah Bibi, Syamalah, and the treatment of the Federal Constitution,
Respect should be reciprocal. Mutual respect may only be achieved when each religion respects another, without coercion of any form against the conscience of the individual.
