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It is a fundamental principle of a country's judiciary that it exists to offer justice to all citizens regardless of rank, race or creed. But the decision by the Federal Court in the Lina Joy case has cast a shadow over its ability to do just that.

When all is said and done, the fact remains that this poor woman has been denied justice. She remains in a twilight zone of bureaucratic bungles and legal insanity created by those more concerned about politically-motivated agendas than her personal welfare. While judges and bureaucrats argue about procedures, they have lost sight of the basic needs of this poor woman, whose only crime is that she made up her mind about what to believe, and decided to change her religion.

In another country her dilemma would not have arisen. But in Malaysia, where religion is so unfairly tied up with politics, where Malays are so tightly controlled as to what they can believe in, the case serves as a wake-up call to those who may think of converting to or out of Islam.

I can't help but agree with the dissenting judge whose arguments show a semblance of sanity. Indeed, it is insane to deny the woman her right to believe in what she wants and to have it proudly displayed on her MyKad. If Islam teaches that there is no compulsion in religion then is it not insane to undermine what it teaches in favour of bureaucratic procedures that make no sense as dissenters have argued?

It is time the government does the decent thing and change the law or at least make it clear and easy for the bureaucrats to administer cases such as Lina Joy's. What folly to force a person to go to a religious court to decide if this person still belongs to the religion when this person has clearly made an open profession of her new religion. It proves that the bureaucracy is hell-bent on making it hard for those who want to leave Islam. Islam is turned into a religion of compulsion against its own teachings.

The religious authorities should not live in a state of panic or siege. People will convert in and out of religions anytime and anywhere. Such is the reality of life. But some would have us believe that the state reserves the right to dictate what we should believe in.

Those who force others into a religion do themselves, their religion and God no favour. God seeks worshipers who believe in Him voluntarily not by compulsion. The procedures involved in Lina Joy's case makes a mockery of religion because they act against a person's will and use undue and unfair influence.

For as long as Lina Joy is made to suffer this grave injustice, her case will be a thorn in the side of the government. Mark my words, Lina Joy will turn into a martyr of religious persecution in Malaysia which will haunt the country for a long time until someone sees sense and does the decent thing by allowing her to have her way, and rightly so. The majority decision judges (thankfully there was a dissenting judge) have obviously erred like the bureaucrats because even a blind person can see that Lina Joy is no longer a Muslim and should have been allowed to change her religion. It would have saved everyone time and money and the country's now tarnished image.

Now it seems that not only have Malaysians lost their constitutional right to freedom of faith but common decency and common sense. Even Islam has been dealt a blow because now the bureaucrats and judges have ignored its cardinal teaching that there be no compulsion in religion. The judges say people should not change their religion according to whims and fancies but what about court judgements and bureaucratic decisions?


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