Lina Joy
Encyclopedia
Lina Joy is a Malay convert from Islam
to Christianity
. Born Azlina Jailani in 1964 in Malaysia to Muslim
parents of Javanese descent, she converted at age 26. In 1998, she was baptized
, and applied to have her conversion legally recognized by the Malaysian courts
. Though her change of name was recognized in 1999 and so noted on her identity card, her change of religion was not (since it is without the Mahkamah Syariah
confirmation document); for this reason, she filed suit with the High Court in 1999, bypassing the Syariah Court (Islamic court). She later filed suit with the Federal Court in 2006. Joy hopes to live openly as a Christian; she was forced to go into hiding by the publicity surrounding her case.
In a majority verdict delivered on May 30, 2007, the Federal Court rejected her appeal. Her appeal was dismissed 2-1 by Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim
and Datuk Alauddin Mohd Sheriff. The ruling stated that "a person who wanted to renounce his/her religion must do so according to existing laws or practices of the particular religion. Only after the person has complied with the requirements and the authorities are satisfied that the person has apostatised, can she embrace Christianity.... In other words, a person cannot, at one's whims and fancies renounce or embrace a religion."
The dissenting Chief Judge of Sabah
and Sarawak
Datuk Richard Malanjum
wrote that "Hence, in my view this is tantamount to unequal treatment under the law. In other words it is discriminatory and unconstitutional and should therefore be struck down. For this reason alone, the relief sought for by the appellant should be granted, namely for a declaration that she is entitled to have an identity card in which the word 'Islam' does not appear."
Legal recognition would have allowed her to have the change of religion noted on her national identity card
; it would also remove the legal barrier to her marrying her Christian fiancé (marriage between Muslim women and non-Muslim men is forbidden under Malaysian law and under the Shariah/Islamic Jurisprudence; the non-Muslim man is required to convert to Islam under Malaysian law; Under Shariah, Muslim men are only allowed to marry “people of the book,” those who believe in One God, however with conditions and restrictions). In Malaysia, the Shariah Court alone has the power to deal with Islamic issues, including legal recognition for conversion to and from Islam. Conversely, the Shariah Court has no jurisdiction over those who are not Muslims. Joy, by her own admission, is no longer Muslim, but only the Shariah Court can legally recognize this. Conversion is not something unknown, and according to Muslim Lawyers Association spokesman Pawanchek Merican, "…In Negeri Sembilan, the Shariah court allowed 16 people to renounce Islam…"
According to a senior official in the National Registration Department (NRD), for the NRD to change the religion on her identity card would mean that the department would be officially declaring her an apostate
, which falls under the jurisdiction of the Shariah Court. The jurisdiction of the Shariah Court over converts from Islam to other religions has been hotly debated by the Malaysian public in the past few years, with this and other court cases involving converts closely followed by the media. Joy is not the first person to apply for recognition of conversion from Islam; another woman named only as "Maria" by the BBC
is also pursuing a similar case. In 2006, the Negeri Sembilan Syariah High Court in Seremban
granted recognition for the conversion from Islam to Buddhism
of Wong Ah Kiu
(also known as Nyonya Tahir). However, being raised by a Chinese Buddhist family despite her Malay origins, Wong had never practiced Islam in her life and was deceased at the time of the ruling.
Apostasy in Islam
Apostasy in Islam is commonly defined in Islam as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam...
to Christianity
Christianity in Malaysia
Christianity in Malaysia is a minority religion practised by 9.1% of the population , most living in East Malaysia. The major Christian denominations in Malaysia include the Anglicans, Baptists, Brethrens, non-denominational churches, independent Charismatic churches, Lutherans, Methodists,...
. Born Azlina Jailani in 1964 in Malaysia to Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
parents of Javanese descent, she converted at age 26. In 1998, she was baptized
Baptism
In Christianity, baptism is for the majority the rite of admission , almost invariably with the use of water, into the Christian Church generally and also membership of a particular church tradition...
, and applied to have her conversion legally recognized by the Malaysian courts
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
. Though her change of name was recognized in 1999 and so noted on her identity card, her change of religion was not (since it is without the Mahkamah Syariah
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
confirmation document); for this reason, she filed suit with the High Court in 1999, bypassing the Syariah Court (Islamic court). She later filed suit with the Federal Court in 2006. Joy hopes to live openly as a Christian; she was forced to go into hiding by the publicity surrounding her case.
In a majority verdict delivered on May 30, 2007, the Federal Court rejected her appeal. Her appeal was dismissed 2-1 by Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim
Ahmad Fairuz Abdul Halim
Tun Ahmad Fairuz bin Sheikh Abdul Halim is the former Chief Justice of the Federal Court of Malaysia. A controversial figure, he held that position from 2003 to 2007. In August 2007, he courted controversy by suggesting the abolishment of English Common Law to be replaced by Islamic Syariah Law....
and Datuk Alauddin Mohd Sheriff. The ruling stated that "a person who wanted to renounce his/her religion must do so according to existing laws or practices of the particular religion. Only after the person has complied with the requirements and the authorities are satisfied that the person has apostatised, can she embrace Christianity.... In other words, a person cannot, at one's whims and fancies renounce or embrace a religion."
The dissenting Chief Judge of Sabah
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
and Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
Datuk Richard Malanjum
Richard Malanjum
Richard Malanjum is the fourth current Chief Judge of the High Court in Sabah and Sarawak in Malaysia. Before joining the judicial service, he was a practising lawyer and was the President of the Sabah Law Association, the bar association for the state of Sabah. Malanjum joined the judicial...
wrote that "Hence, in my view this is tantamount to unequal treatment under the law. In other words it is discriminatory and unconstitutional and should therefore be struck down. For this reason alone, the relief sought for by the appellant should be granted, namely for a declaration that she is entitled to have an identity card in which the word 'Islam' does not appear."
Legal recognition would have allowed her to have the change of religion noted on her national identity card
MyKad
MyKad is the compulsory identity document for Malaysian citizens aged 12 and above. Introduced by the National Registration Department of Malaysia on 5 September 2001 as one of four MSC Malaysia flagship applications and a replacement for the High Quality Identity Card , Malaysia became the first...
; it would also remove the legal barrier to her marrying her Christian fiancé (marriage between Muslim women and non-Muslim men is forbidden under Malaysian law and under the Shariah/Islamic Jurisprudence; the non-Muslim man is required to convert to Islam under Malaysian law; Under Shariah, Muslim men are only allowed to marry “people of the book,” those who believe in One God, however with conditions and restrictions). In Malaysia, the Shariah Court alone has the power to deal with Islamic issues, including legal recognition for conversion to and from Islam. Conversely, the Shariah Court has no jurisdiction over those who are not Muslims. Joy, by her own admission, is no longer Muslim, but only the Shariah Court can legally recognize this. Conversion is not something unknown, and according to Muslim Lawyers Association spokesman Pawanchek Merican, "…In Negeri Sembilan, the Shariah court allowed 16 people to renounce Islam…"
According to a senior official in the National Registration Department (NRD), for the NRD to change the religion on her identity card would mean that the department would be officially declaring her an apostate
Apostasy in Islam
Apostasy in Islam is commonly defined in Islam as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam...
, which falls under the jurisdiction of the Shariah Court. The jurisdiction of the Shariah Court over converts from Islam to other religions has been hotly debated by the Malaysian public in the past few years, with this and other court cases involving converts closely followed by the media. Joy is not the first person to apply for recognition of conversion from Islam; another woman named only as "Maria" by the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
is also pursuing a similar case. In 2006, the Negeri Sembilan Syariah High Court in Seremban
Seremban
Seremban is the capital of the Malaysian state of Negeri Sembilan, located within the district of Seremban, one of the seven districts of Negeri Sembilan. The town's administration is run by the Seremban Municipal Council or Majlis Perbandaran Seremban...
granted recognition for the conversion from Islam to Buddhism
Buddhism
Buddhism is a religion and philosophy encompassing a variety of traditions, beliefs and practices, largely based on teachings attributed to Siddhartha Gautama, commonly known as the Buddha . The Buddha lived and taught in the northeastern Indian subcontinent some time between the 6th and 4th...
of Wong Ah Kiu
Wong Ah Kiu
Wong Ah Kiu , legally known as Nyonya Binti Tahir, was a Malaysian woman born to a Muslim family but raised Buddhist...
(also known as Nyonya Tahir). However, being raised by a Chinese Buddhist family despite her Malay origins, Wong had never practiced Islam in her life and was deceased at the time of the ruling.
See also
- Islam in MalaysiaIslam in MalaysiaMalaysia is a multiracial country with Islam being the largest practiced religion, comprising approximately 61.4% Muslim adherents, or around 17 million people, as of 2010. Islam is declared as the "religion of the federation". Though there has been much debate on whether Malaysia is a secular...
- Christianity in MalaysiaChristianity in MalaysiaChristianity in Malaysia is a minority religion practised by 9.1% of the population , most living in East Malaysia. The major Christian denominations in Malaysia include the Anglicans, Baptists, Brethrens, non-denominational churches, independent Charismatic churches, Lutherans, Methodists,...
- Status of religious freedom in MalaysiaStatus of religious freedom in MalaysiaFreedom of religion is enshrined in the Malaysian Constitution. First, Article 11 provides that every person has the right to profess and to practice his or her religion and to propagate it...
- Apostasy in IslamApostasy in IslamApostasy in Islam is commonly defined in Islam as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam...
- Maniam MoorthyManiam MoorthyManiam Moorthy, also known as Mohammad Abdullah, was a corporal in the Malaysian Army and a member of the first group of Malaysians to successfully climb Mount Everest...
- Egyptian identification card controversyEgyptian identification card controversyThe Egyptian identification card controversy is a series of events, beginning in the 1990s, that created a de facto state of disenfranchisement for Egyptian Bahá'ís, atheists, agnostics, and other Egyptians who did not identify themselves as Muslim, Christian, or Jewish on government identity...
- Nyonya Tahir
- Freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
External links
- "Lina Joy ruling the 'next change', says chief justice", New Straits TimesNew Straits TimesThe New Straits Times is an English-language newspaper published in Malaysia. It is Malaysia's oldest newspaper still in print , having been founded as The Straits Times in 1845, and was reestablished as the "New Straits Times" in 1965. The paper served as Malaysia's only broadsheet format English...
, April 12, 2007. - Becket Fund for Religious Liberty "Malaysia — State Imposed Religious Designations "
- Court decides Shariah trumps Catholic baptismal certificate in violation of International Law and Malaysian Constitutional Law
- Media statement on the Lina Joy decision from PEMBELA (The Muslim Organisations in Defence of Islam)