October 11, 2004
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Court
pressed to shed light on freedom of religion
A Christian convert who can’t register her marriage because
she was once a Muslim demands her constitutional right
By Carolyn Hong
KUALA LUMPUR – When Ms Azlina Jailani wanted to get married several years
ago, her life got complicated with court hearings and whispers behind her
back.The Christian convert could not register with the Registrar of Marriages
because she is legally a Muslim.In Malaysia, where a Malay is constitutionally also a Muslim, such
complications are not new.But increasingly lawyers say the country has to set clearer ground rules to
govern all religious conversions.Both Ms Azlina and her lawyer declined to be interviewed as her case is
before the civil court.She is seeking a declaration that she is free to practise the faith of her
choice, and have the word ‘Islam’ dropped from her identity card.The normal procedure would be to apply to the Syariah Court for approval,
often a lengthy process.Ms Azlina is trying to avoid this by falling back onto the constitutional
guarantee on the freedom of religion.Islamic and constitutional law professor Shad Faruqi told The Straits Times
that there is a legitimate reason for requiring legal approval for conversions –
prevent Muslims from evading the law by leaving their faith when caught for a
religious offence.Religion also carries a particular significance in Malaysia because of its
implications for ethnicity, he said.Former National Mosque imam Pirdaus Ismail said that as Islam has a special
status in the Constitution, the country’s laws are designed to protect the
sanctity of the religion and its followers.‘However, the laws are implemented with a spirit of tolerance,’ said the Umno
Youth executive member.The courts have seen several high-profile conversion cases recently. Earlier
this year, a court heard a custody battle for two young children converted to
Islam by their father after he became a Muslim. Their mother remained a
Hindu.The couple was awarded joint custody but daily care was given to the mother
who must, however, bring the children up as Muslims.Another recent case was that of four Muslims in Kelantan who renounced Islam
after the Syariah Court ordered them to stop following deviationist teachings.
They were subsequently jailed for violating this order.Conversions from Islam, while few in number, have thrown up painful issues
for Malaysia where religious differences often cause family and community
rifts.Reluctance to discuss this taboo subject has left uncertain how the
constitutional guarantee of the freedom of religion applies to Muslims.‘We need the law to step in to provide clarity,’ Prof Shad said.
Ms Azlina’s case, to be heard by the Court of Appeal on Thursday, is seen as
an opportunity for the court to shed light on the constitutional provision on
religion.‘So far, there hasn’t been any definitive pronouncement by the court on its
application to Muslims,’ said lawyer Malik Imtiaz Sarwar who represented the
four defendants in the Kelantan apostasy case.That case ended in the Federal Court without a clear indication on this
issue, and he is applying for a review.
