Who has the last say on Muslim converts?
The highest court in Malaysia will decide whether syariah courts have the exclusive right to rule on whether Muslims can legally convert, lawyers and reports said today.
The highest court in Malaysia will decide whether syariah courts have the exclusive right to rule on whether Muslims can legally convert, lawyers and reports said today.
The move comes amid ongoing debates over cases involving Muslims who renounce their religion, and whether civil or syariah courts have the last say in recognising renunciation.
The Federal Court decided it would rule on the matter following the case of a Muslim woman who appealed to have her former religion struck off her identity card after converting to Christianity.
Lina Joy was originally known as Azlina Jailani but changed her name when she converted in 1997.
The National Registration Department granted a card with her new name in 1999 but refused to remove her religion, stated as Islam, saying it needed permission from a syariah court, which oversees Islamic issues.
"In the past, the courts have recognised constitutional rights more liberally but over the last decade, dress codes and government policies seem to need to be in conformity to Islam," said Joy's counsel Benjamin Dawson.
"I hope the court declares a guarantee of constitutional rights," he told AFP .
Taboo subject
Dawson said the consitution does not require Muslims to obtain syariah court declarations to leave the faith but earlier court decisions had suggested that was necessary.
The issue of apostasy is a taboo subject in Malaysia, and authorities argue that renouncing Islam by declaration will allow Muslims to escape syariah court judgments.
Malaysia's judiciary has largely skirted the sensitive issue, referring instead to syariah courts to decide if a Muslim can renounce the religion.
But the syariah courts have avoided declaring Malaysians as non-Muslims, with apostasy an offence considered punishable by death.
While Malaysia is proud of the racial harmony that has prevailed here for some four decades, public disputes over the rights of religious minorities are becoming more common.
One of the most bitter incidents occurred last year when a Malaysian mountaineering hero was buried as a Muslim against the wishes of his wife, who disputed claims that he converted from Hinduism.


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