Posts Tagged ‘conversion’

Malaysia’s Crisis of Faith

May 31st, 2007
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Malaysia's Crisis of Faith
Wednesday, May. 30, 2007 By HANNAH BEECH

Muslims gathered for a vigil outside Malaysia's Palace of Justice awaited the verdict on Lina Joy's case, May 30, 2007
Tengku Bahar / AFP/Getty Images
 
In what has been dubbed a blow to Malaysia's religious freedom, the country's highest court on Wednesday denied an appeal by Christian convert Lina Joy to make her switch from Islam recognized by law. A multi-ethnic state composed largely of Muslim Malays, Christian and Buddhist Chinese, and Hindu and Sikh Indians, Malaysia has long prided itself on its diversity of faiths. To safeguard this religious heterogeneity, the country's constitution sets out a dual-track legal system in which Muslims are bound by Shari'a law for issues such as marriage, property and death, while members of other faiths follow civil law.
 

Malaysians expected Prime Minister Abdullah Ahmad Badawi to be cautious, but he has quickly emerged as a bold reformer

But the parallel system has occasionally faced snags. Joy is a Malay originally known as Azlina Jailani, and by Malaysian law her ethnicity automatically makes her a Muslim subject to Shari'a law. In order to make her 1990 conversion to Christianity legal, she needed permission from the Shari'a courts, which consider a renunciation of Islam a major offense. But, since she is still classified as a Muslim by the state, Joy was not allowed to have her case heard by the civil courts. Her six-year-long campaign to convince the civil system to legalize her conversion failed, prompting her appeal to the Federal Court, after the Court of Appeal rejected her claim in September 2005.

On Wednesday, the Court announced that it had no jurisdiction over the case since it was under the purview of Shari'a law, effectively punting on any attempt to clear up the gray space that exists between Malaysia's two legal systems. The ruling was greeted by shouts of "God is great!" from many in the assembled crowd outside the Palace of Justice in Kuala Lumpur. More secular observers were far less jubilant. "I see this case not just as a question of religious preference but one of a potential dismantling of Malaysia's … multi-ethnic, multi-religious [character]," warned Malik Imtiaz Sarwar, a member of Joy's legal team, before the decision was announced.

The Joy verdict, which will likely become a precedent for several other pending conversion cases, is seen by many in Malaysia as evidence of how religious politics are cleaving the nation, with a creeping Islamization undermining the rights of both non-Muslims and more moderate adherents to Islam.. Last November, at a party conference for the Muslim-dominated United Malays National Organization ruling party, one delegate vowed he would be willing to "bathe in blood" to defend his ethnicity ? and, by extension, his religion. In several Malaysian states, forsaking Islam is a crime punishable by prison time.

Earlier this week, Malaysian Prime Minister Abdullah Ahmad Badawi, who in December acknowledged that race relations in his homeland were "fragile," hosted the World Islamic Economic Forum in Kuala Lumpur. In an era where Islam is so often partnered with extremism and autocratic governance, Malaysia was held up at the annual conference as a model of a moderate Muslim nation committed to safeguarding the rights of its diverse population. But the Federal Court's verdict on Joy's case, which represented her last legal recourse, may undercut that reputation. After all, is it complete religious freedom if a 42-year-old woman isn't allowed to follow the faith of her choosing?

No Joy for Lina

May 30th, 2007
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No Joy for Lina
 
May 30, 07 11:18am

Lina Joy’s long wait for her conversion to Christianity to be recognised by law is over – the Federal Court ruled today that she remains a Muslim and her religious status will not be removed from her identity card.

Delivering the judgment to a packed gallery this morning in Putrajaya, Chief Justice Ahmad Fairuz Sheikh Abdul Halim ruled that jurisdiction remains with the Syariah court.

The chief justice stated that he concurred with the majority decision – Justice Alauddin Mohd Sheriff who was the last to read his judgment agreed with Ahmad Fairuz's findings.

Justice Richard Malanjun gave a dissenting judgment.

The case hinged on a decision by the National Registration Department not to remove the word ‘Islam’ from Lina’s MyKad.

The department said it needed a syariah court order certifying her renouncement from Islam before it could make the change.

The three questions

Following this, Lina filed a suit against the NRD director-general, the government and the Federal Territory Religious Council in 2001.

After losing at both the High Court and Court of Appeal, the matter finally came to the Federal Court with these three questions:

1.. Was the NRD entitled to require a person to produce a certificate or a declaration or an order from the syariah court before deleting “Islam” from his or her identity card;

2. Did the NRD correctly construe its powers under the National Registration Regulations 1990 when it imposed the above requirement, which is not expressly provided for in the regulations?; and

3. Was the landmark case Soon Singh vs Perkim Kedah – which held that syariah courts have the authority over the civil courts to hear cases of Muslims renouncing Islam – correctly decided?

Delivering the much-awaited judgment today, Ahmad Fairuz and Alauddin answered in the positive to all these three questions.

Richard however disagreed, stating that the NRD had no statutory duty to decide on apostasy.

Shouts of Allahuakbar

A large section of the 300-strong crowd waiting outside recited the tahlil or read the Quran while waiting for the decision.

When the news reached them, they shouted Allahuakbar – their reaction resounded through the Palace of Justice.

Born to Malay parents, Joy, 43, whose Muslim name was Azlina Jailani, converted to Christianity in 1998.

Crucial decision in Lina Joy case

May 30th, 2007
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Crucial decision in Lina Joy case
 

By SHAILA KOSHY

KUALA LUMPUR: The Federal Court judgment today on the Lina Joy appeal will be a historic one with legal and social repercussions, whichever way the decision goes.  

This decision by the apex court will affect one’s constitutional freedom to choose one’s religion as well as who one can marry, especially for those who want to renounce Islam and for people who convert to Islam but later want to revert to their former religion. 

The judgment, which was reserved on July 4 last year, will clarify whether conversion is a religious matter or a constitutional matter. 

Lina Joy, 42, who was born to a Malay Muslim couple, became a Christian when she was 26. 

The sales assistant has taken her case all the way to the Federal Court because unless the government recognises her conversion, she cannot get married under civil law. 

While Lina managed – the second time around – to get the National Registration Department to change her name from Azlina Jailani in 1999, accepting that she had renounced Islam, it refused to remove the word “Islam” from her MyKad. 

The NRD said it could not do so without a syariah court order certifying she had renounced Islam. 

As long as the word “Islam” remains on her identity card, Lina cannot marry her Christian boyfriend, a cook, under the Law Reform (Marriage and Divorce) Act 1976. 

In 2001, she took her case against the NRD director-general, the Government and the Federal Territory Religious Council to the High Court. 

She lost – Justice Faiza Tamby Chik held that Malays could not renounce Islam because a Malay was defined in the Constitution as “a person who professes the religion of Islam,” adding it was the syariah court that had the jurisdiction in matters related to apostasy. 

Lina appealed to the Court of Appeal and lost again, this time in a majority decision – Justices Abdul Aziz Mohamed and Arifin Zakaria upheld the decision of the NRD but Justice Gopal Sri Ram said it was null and void. 

In 2006, she got leave to appeal to the Federal Court and asked the panel comprising Chief Justice Ahmad Fairuz Sheikh Abdul Halim, Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court Justice Alauddin Mohd Sheriff these questions: 

  • WAS the NRD entitled to require a person to produce a certificate or a declaration or an order from the syariah court before deleting “Islam” from his or her identity card; 

  • DID the NRD correctly construe its powers under the National Registration Regulations 1990 when it imposed the above requirement, which is not expressly provided for in the regulations?; and 

  • WAS the landmark case Soon Singh vs Perkim Kedah – which held that syariah courts have the authority over the civil courts to hear cases of Muslims renouncing Islam – correctly decided? 

    While Datuk Cyrus Das appeared for Lina Joy, Senior Federal Counsel Datuk Umi Khaltum Jamid appeared for the NRD director-general and the Government and Sulaiman Abdullah appeared for the religious council. 

  • Moorthy’s conversion case – update

    May 23rd, 2007
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    Appeal by Moorthy’s widow set for Dec 12
     
     
    BY RAPHAEL WONG

    PUTRAJAYA: The Court of Appeal has fixed Dec 12 to hear the appeal of Sjn M. Moorthy's widow against a High Court's decision not to disturb the declaration that the Everest climber was a Muslim because the matter was under the jurisdiction of the Syariah Court. 

    The date was fixed when the appeal of the widow M. Kaliammal came up before Court of Appeal registrar Hasnah Datuk Mohd Hashim in chambers yesterday.  » Read more: Moorthy’s conversion case – update

    A family ripped apart

    May 16th, 2007
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    Muslim or Hindu? A family ripped apart (Malaysiakini)      
    Monday, 14 May 2007
     
    She wants her husband and their seven children to embrace Islam. But her husband is adamant about remaining a Hindu till his death. After 21 years of marriage, the family of rubber-tappers P Marimuthu and Raimah Bibi is being torn apart for religious reasons.
     
    The matter became a national issue when the Selangor Islamic authorities separated Raimah and six children from Marimuthu. He then turned to the civil court for custody of the children aged between four and 14.

    Raimah, 40, later agreed to hand over custody to her husband. Although, she is now housed in a nearby village, she visits her children and husband regularly.

    Malaysiakini met the couple at their house in Ulu Yam, Selangor, to get their story.

    In an emotionally charged exchange, both husband and wife accused one another for their predicament.

    Raimah claimed that she was “misled” into signing the custody agreement and wants to take action against her husband’s lawyer, Karpal Singh.

    “I am illiterate, and my husband’s lawyer did not explain the letter to me in detail. He told me to sign and I signed it. I am going to file a case against him. Now, I don’t have any rights over the children, you have all the rights,” an upset Raimah told her husband.

    “Nobody comes to see me, not even the children. Even if the children are sick, only my husband can take them to the clinic. When the children were with me, many people came to see us. They gave rice and other things. They gave RM150 for expenses. But since the court case ended, nobody has come.”

    Raimah remained unconvinced when her husband explained that the letter was read to her in court and that she was still their mother, no matter what.

    “What more do you want? You get to visit them. I have only been given custody of the children. After they turn 18, they can decide for themselves,” said Marimuthu, 44, to his wife.

    “Is seeing them enough?” retorted Raimah in tears.

    “When they are above 18 and suppose they want to follow my religion, would you allow them? I was the one who got cheated. I was stupid to sign the (custody) letter.
    “He (Marimuthu) wanted the children and I signed the letter, and now his problem is solved but I am left alone. I have just have one daughter staying with me but I have no rights over her either.”

    Mayhem over formalities

    Asked if he knew that his wife is a Muslim when they got married, Marimuthu said her identity card states her name as ‘Raimah Bibi a/p (or ‘daughter of’) Noordin’ and not binti (the Muslim equivalent).

    “In her MyKad (which she obtained recently), her name is stated as Raimah binti Noordin and her religion as Islam. This is what caused all the problems,” he said.

    Raimah, who is shown wearing a tudung (head scarf) in the MyKad photograph, said she has been a Muslim from birth, but her husband claimed that she never informed him about this.

    “He said ‘if you had told me this, I would not have married you’. In the old identity card, all my family members have a/p (typically used for Indian Malaysian names) instead of binti.

    “I got mine changed to binti a few months back but he (Marimuthu) claims that someone had added it. How can he not know I am a Muslim? Both Raimah and Nordin are Muslim names.”

    Asked why their marriage was not legally registered, Marimuthu replied that it was not an important thing to do at the time.

    Raimah revealed that she had approached the religious authorities on her own accord and informed them that she was a Muslim. However, her husband does not believe this.

    Asked how the problem could be solved, Ramiah replied: “I already told them that I am a Muslim. How can I turn back again now, especially after the whole country knows the case? They (the Islamic authorities) will not allow me to turn back.”

    On why she decided to do this after more than two decades of marriage, she said: “I did this because I thought all of us would become Muslims. I never thought he (Marimuthu) would do all this (take the matter to court). If I had known, I wouldn’t have revealed that I'm Muslim.”

    Raimah also disclosed that she had not informed her husband of her intention to meet the religious authorities.

    Plight of family

    Marimuthu ruled out the possibility of converting so that the family can live together again. He also claimed that he was offered rewards such as a loan and land in return for his conversion.

    “I was born a Hindu and that’s how I wish to remain. If this question was posed to me six years ago, I might have agreed because I was forced to sleep with my family on the streets when our squatter house in Ampang was demolished.

    “But everyone, including Malay leaders that I approached for help, wanted money in return. Nobody helped me, so why I should convert?”

    On whether he would reconsider his decision for the sake of his children, Marimuthu was firm about raising them as Hindus and said he is prepared to face any hardship that arises.

    The rubber tapper, who earns between RM500 and RM1,200 a month depending on the weather, said: “I am confident I can take care of them even if I have to do it alone. I am content with the current arrangement, where my wife comes and visits the children.

    “When the children are old enough, let them decide which religion they want to follow. They (the religious authorities) have separated me from my wife in the name of religion, but they cannot separate her from the children. For that, I am happy.”

    Marimuthu claimed that, prior to this problem, religion had never been issue between him and his wife.

    “No matter what problems we faced, we were happy together.”

    In the past, he said, Raimah lived like a Hindu and was not averse to frequenting temples.

    Recalling the day that his wife and children were taken away, Marimuthu said he suffered from mental and emotional anguish.

    “I couldn’t sleep or eat. I was like a mad man. It is this that drove an uneducated man like me to seek help from DAP and go right up to Parliament. I was afraid that they would convert my children,” he added.

    Raimah admitted that she lied to Marimuthu that she was going out to get medicine, but had gone to the Islamic affairs office instead.

    “Contrary to what my husband thinks, I did not do this because I wanted to leave him. I still want to be with him. But he thinks someone has influenced me to do this,” she said.

    “I always wanted to do this (return to being a practising Muslim). I had this idea for a long time, but did not know how to go about it. Although, I went to temples and performed prayers, I could not forget my religion.”

     

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