The recent decision of the Federal Court concerning the case of Lina Joy is very distressing and disturbing because it is a denial of fundamental human rights and contrary to the principles set forth in the Federal Consitution. At issue is whether or not the religious classification on Lina Joy's identity card (IC) should be changed from Muslim to Christian.

The court has upheld the decision of the National Registry Department (NRD) to deny such a change. This makes Joy subject to syariah court laws, which would not be the case if she were classified as what she is, a Christian. For the reasons given below, this is a violation of religious freedom under the Constitution.

In the Federal Court's decision Chief Justice Ahmad Fairuz Sheikh Abdul Halim stated:

a) ' that matter [religious freedom] should not be argued as a provision giving unrestricted freedom. The right to profess and practice a religion should always be subjected to the principles and practices determined by that religion.'

I would like to point out that:

The Constitution does contain some restrictions on religious freedom.

Article 3, Clause (1) states: 'Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation'.

Article 11, Clause (1) states: 'Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it'.

The restrictions, do not include any statement that 'The right to profess and practice a religion should always be subjected to the principles and practices determined by that religion'. Furthermore, in Joy's case, her religion is Christianity, not Islam.

b) 'When an individual embraces a religion, common sense dictates that he or she should adhere to the practices and laws of the religion.'

However,

Joy never embraced Islam but she has embraced Christianity. Therefore she should be classified as a Christian (not as a Muslim, against her will) and allowed to practice Christianity, which includes marrying another Christian. This is clearly stated in Article 3, Clause (1).

She is being discriminated against on the basis of her religion alone because she wants to be classified as a Christian and to marry another Christian. This discrimination is contrary to Article 12, Clause (1) of the Constitution which states: 'Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth'.

In conclusion, it is clear that the Federal Court's decision in the Joy case not only violates fundamental human rights, but also rejects the principles of religious freedom and non- discrimination specifically set forth in the constitution of Malaysia.