Please support Aliran by buying a copy of Aliran Monthly from your nearest
news-stand. Better still take out a subscription now. If you prefer to read
the web-based edition, please support their work and make a donation.

To subscribe to Aliran, go to: http://www.aliran.com/oldsite/subsform.html
To donate to Aliran, go to: http://www.aliran.com/content/view/1/7/
__________________________________________

http://www.aliran.com/content/view/245/11/

Lina Joy verdict: No freedom, no compassion
Wednesday, 30 May 2007

Lina Joy's 10-year battle to be herself as she wanted to be within the
confines of the supreme law of the country, the Federal Constitution, has
been dashed by the Federal Court's decision this morning. The freedom of
religion guaranteed by the Federal Constitution under Article 11 comes
across as hollow and meaningless.

This decision has totally rendered null and void the freedom of religion
guaranteed by the Federal Constitution. Under the circumstances, the Federal
Court's decision has a devastating effect on issues of fairness and justice.
Concerned citizens will rightly wonder whether the judiciary is capable of
delivering justice for those who turn to it. They will be turned away from
the judicial system of the country thinking that the judges who are sworn to
uphold the Federal Constitution in the course of their duty are not living
up to their oath of office.

Lina Joy's case is something that has to be viewed strictly within the
confines of the Constitution without taking into account any other
consideration. When other considerations come into play, then justice
becomes the victim as is the case in the Lina Joy verdict.

This decision, looked at from another point of view, undermines the
judiciary itself. The judiciary cannot be technical in delivering its
verdict. Fairness and justice should be part of any judgment and should not
be sacrificed on technical grounds. Where is the compassion for someone who
has turned to the judiciary for a solution to free her from her predicament?
Can justice redeem itself? Is there hope for the ordinary person in our
judiciary?

It is really troubling when a issue such as this is politicised and blown
out of all proportion and pressure is mounted to deny justice.

Aliran Executive Committee
30 May 2007
____

http://www.malaysiakini.com/news/67958

'Denying all her rights'
Ooi Kelly May 30, 07 7:13pm [extract]

[...]
Malik Imtiaz Sawar, Malaysian Bar Council

The fact that there was a minority judgement, a strong dissenting judgement,
only indicated the need to re-address the issue.

I think that it's sad to note at this junction, looking at the minority and
majority judgement of this court and I say this in respective of the
majority view, there is no clear answer in what she's suppose to do.

Leonard Teoh, Malaysian Consultative Council of Buddhism, Christianity,
Hinduism, Sikhism and Taoism

People like Lina Joy should not be trapped in a legal cage, not being able
to come out to practise their true conscience and religion.
[...]
____

Comments - She's Lina Joy... and she's (but) a Muslim on record
http://www.jeffooi.com/2007/05/shes_azlina_jailani_not_lina_j.php#comments

She's Lina Joy... and she's (but) a Muslim on record
http://www.jeffooi.com/2007/05/shes_azlina_jailani_not_lina_j.php
____

http://www.bernama.com/bernama/v3/news.php?id=264831

Federal Court Dismisses Lina Joy's Appeal To Drop Islam In IC
May 30, 2007 16:36 PM

PUTRAJAYA, May 30 (Bernama) -- Azlina Jailani, the woman who converted to
Christianity, today failed in her appeal to get the Federal Court to compel
the National Registration Department (NRD) to drop the word "Islam" from her
identity card.

In a 2-1 majority decision, the court ruled that Azlina, 42, who changed her
name to Lina Joy, should obtain a Syariah Court order confirming her
apostasy before the department could delete the word.

Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said the NRD had the right
to require Lina Joy to produce an order from the Syariah Court to confirm
that she had renounced the Islamic religion if she wanted to delete the word
"Islam" in her identity card.

Justice Ahmad Fairuz and Federal Court Judge Datuk Alauddin Mohd Sheriff
rejected the appeal while the Chief Judge of Sabah and Sarawak Datuk Richard
Malanjum gave a dissenting judgment.

Lina had appealed to the Federal Court after the Court of Appeal in a 2-1
majority decision on Sept 19, 2005, prevented her from deleting the word
"Islam" from her identity card on the grounds that her renunciation of Islam
had not been validated by the Syariah Court or any other lawful Islamic
authorities.

She made the appeal to the Appeals Court after the High Court in April 2001
ruled that as a Muslim she could not renounce Islam and that the matter of
renunciation must be decided by the Syariah Court.

Lina named the Federal Territory Islamic Affairs Council, the government of
Malaysia and NRD director-general Datuk Wan Ibrahim Wan Ahmad as the
respondents in her appeal.

On Feb 2, 1997, she applied to the NRD to change her name to Lina Joy on the
grounds that she had converted to Christianity but it was rejected on Aug
11, 1997.

Her second application to the NRD to change her name in Nov 1999, however,
was approved but the new identity card issued listed her as a Muslim.

-- BERNAMA
____

Lina Joy loses appeal to drop 'Islam' from her NRIC
http://www.sun2surf.com/article.cfm?id=18077
------------------------------------------------------------------
The Berita Malaysia / bmalaysia mailing lists
============================================
Read postings, subscribe/unsubscribe or change settings at:
http://groups.yahoo.com/group/beritamalaysia
http://groups.yahoo.com/group/bmalaysia