We view with grave concern the trend that is developing in court decisions which seem to indicate that Syariah laws under state enactments take precedence over the Federal Constitution.

The Federal Constitution is the supreme law of Malaysia. Article 11 of the Constitution guarantees one's fundamental right to freedom of religion.

We support the dissenting judgment of the Chief Judge of Sabah and Sarawak Richard Malanjum in the Lina Joy's case which held that '... when considering an issue of constitutional importance . all other interests and feelings, personal or otherwise, should give way and assume only a secondary role if at all'.

We are disappointed that the majority in the Federal Court relied on logic, common sense, moral standards and practices of a religion rather than basing its decision purely on the express provisions of the Constitution.

We are also disappointed that the majority in the Federal Court took a restrictive interpretation of the constitutional rights and allowed the Syariah courts to have implied powers to curtail rights expressly granted by the Constitution.

The right to profess and practice one's religion enshrined in Article 11 of the Federal Constitution should necessarily include the right to choose.

Religion is a personal matter of one's faith, belief and conscience. No court or any other third party can determine or change a person's faith, belief or conscience, no matter what religion they 'label' him or her with.

We urge the Malaysian government and the judiciary to affirm the supremacy of the Federal Constitution over Syariah laws.

The writer is chairperson, Catholic Lawyers of the Diocese of Penang .