September 26, 2005

  • What next for converts?

    Freedom
    of religious expression in Malaysia continues to be dogged by issues
    such as this. I have blogged about Lina
    Joy previously, and this latest development is upsetting. It
    does not help that religious sensitivity in a country that is
    predominantly muslim makes comments and discourse almost impossible.

     

     

    Kuala
    Lumpur (AsiaNews/Agencies) - In a society where those born as Malays
    are automatically declared to be Muslim, Lina Joy had to fight to be
    recognized as a Christian. A superior court ruled on Monday 19
    September that the Malay people (one out of four ethnic groups - Malay,
    Chinese, Indians and tribals - of the country) "cannot renounce Islam":
    in this way, the judges made it clear to the woman that she cannot
    practice her faith freely.

     

    Azalina
    Jailani - who changed her name to Lina Joy in 1998, after converting to
    Christianity - appeared before a panel composed of three judges (two
    Muslims and one Hindu), who told her that her renunciation of Islam was
    "impossible without the permission of Muslim religious authorities".
    The judges clarified that the law "does not guarantee, nor does it
    provide a procedure which obliges the authorities to recognise a change
    in religion".

     

    Judge
    Sri Ram, a Hindu, held that the woman could renounce Islam by declaring
    that she was not a Muslim however he also added that religious freedom
    was guaranteed in Malaysia so there should be no need for her to seek
    permission.

     

    Lina
    Joy went to court to force the National Registration Department to
    replace the word "Islam" in her identity card with the word "Christian"
    so that she could be married in a civil ceremony to her Christian
    husband.

     

    The
    ruling affects about 15,000 Malaysians who want to be able to live
    openly as Christians. "The decision leaves many Malay converts in a
    perpetual state of limbo," said a Muslim lawyer who has represented
    apostates in court.

     

    The
    constitution defines as people of Malay race those citizens of Malaysia
    who profess Islam, speak the national language and practise Malay
    culture. Constitutionally, when Malays renounce Islam they cease to be
    Malay.

     

    "We
    are deeply disappointed ... we had a lot of hope riding on this
    decision," said another Malay Christian and mother of three children.
    "We Malays are non-persons in our own country because we are
    Christians."

     

    Although
    the law guarantees religious freedom, converts live in fear because
    Muslims consider apostasy to be a terrible crime. Malay Sharia (Islamic
    law) punishes apostates with forced "rehabilitation" or imprisonment,
    and the Koran warns of "death and damnation" for the Muslim who helps
    another to renounce Islam.


    Among converts are many students who changed faith while studying for a
    long time abroad. Others have married Christians and they want the
    Islamic authorities to recognize their faith and that of their
    families.

     

    A
    48-year-old Christian woman said: "We are discriminated and virtually
    live underground lives. Our parents, siblings and friends all shun us
    like lepers."

     

    Legal
    experts said political will was needed to recognise and resolve the
    dilemma of Malay apostates. "The problem can be resolved by amending
    the constitution and creating a new 'non-Muslim Malay' category," said
    an academic.

     

    Read transcripts of case and  judgment here on Malaysian Bar website dated 24 Sept 2005. 

    See also: Malaysian Bishops on living in the shodow of Sha'aria

     

dbctan

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