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OUTRAGE: LINA JOY DENIED| | I AM REALLY MAD, ANGRY. I am writing to express my frustration and to ensure that Malaysians (yes, everybody who has a Malaysian passport) not ignore this issue, and to recognise that this issue is far from over. A 2-1 majority decision is no BIG majority, and to treat the plight and suffering of an individual through legalistic technicalities masks the reality that we are dealing with the religious freedom of a poor woman (and many others who are living undercover).
WHAT's the point in saying that Malaysia is a country which respects religious freedom, when it clearly isn't being practiced? How can you say that Islam advocates religious freedom when clearly, justice isn't being meted? Why isn't the judiciary championing the rights of the citizens? Clearly, when our PM promotes religious freedom abroad, foreign governments don't see us walking the talk!
links:
1) TIME http://www.time.com/time/world/article/0,8599,1626300,00.html
"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."
2) ALIRAN http://www.aliran.com/content/view/245/11/
"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 article is not an attack on Islam. This is an article in defense of an individual's basic right, and to highlight a few important issues:
1) Practice a religion of her own choice, and hence, not take her conscience captive.
2) Not have an individual (whether malay or non-malay) seek legal redress to the syariah court when he/she does not profess Islam to be her religion
3) The abdication of the civil courts of its jurisdiction over the governance of a Malaysian's basic right, guarded by the Federal Constitution of Malaysia.
1) Practice a religion of her own choice, and hence, not take her conscience captive.
To my brothers/sisters who are muslims. I appreciate that you show concern for your own Muslim brothers/sisters who have made a decision to leave the faith. As a Christian, I myself show concern for my Christian brothers/sisters who renounce Christianity. I believe that we share the same emotions when we see a believer depart from the path we love.
However, as a Christian who recognises the freedom of religion guaranteed under the Federal Constitution of Malaysia, as well as the freedom of religion inherent in the Bible's evangelistic message since Christ (the ability to decide and freedom to choose), I would never co-erce a friend, who has willfully decided to leave the faith based on his/her personal conclusions, to remain Christian. There is a BIG DIFFERENCE between co-ercing, and encouraging a person to remain Christian.
I am confident that Islam is a religion which also recognises that everybody has the right and freedom to decide on which faith he/she to profess. Our Prime Minister Abdullah Badawi has repeatedly emphasized that Malaysia is a country which respects freedom of religion (something which now is a questionable statement).
We must not have DOUBLE-standards. For example, a Christian leaving the faith is free to leave. There are Christians who have left the faith and joined Islam. There are also Buddhists who leave their faith and profess Hinduism. However, by seeking legal redress to block a Muslim from converting out to another religion goes against the spirit of the Federal Constitution. I hope that you understand that while respect and freedom is given to individuals converting into Islam, this same respect and freedom is reciprocated for individuals converting out of Islam.
There are arguments that the Federal Constitution defines a Malay as being a Muslim, and yes, this is a major source of controversy. However, I do not wish to digress into the legalities and technicalities of the day (eg how to resolve the apparent contradiction between Freedom of Religion and Malay=Muslim in the Federal Constitution).
As much as I believe that Christ is Lord of all, I also have my friends who are freethinkers, and atheists, and Buddhists, and Muslims, who do not share my belief. I do not wish to impose this belief on them, or on anybody leaving Christianity.
Now, getting back to the issue: Lina Joy, is just a lady. A human with a conscience. She has made a choice. Her choice is to convert out of Islam (doesn't matter whether Christianity, Buddhism, or to renounce religion altogether). Do you realise that what you are doing is effectively preventing her from expressing her true conscience?
Can you imagine if you were in a Christian country, and you wanted to convert out of Christianity to Islam, but the Christian courts prevented you from doing so? Wouldn't you be outraged? I would. In this case, I do not even hold onto my Christian beliefs. But yet, I am bound by these laws. All because the civil courts refuse to defend my rights to practice a religion of my choice, which is Islam.
Now Lina Joy has to undergo mental stress, and possibly, leave the country because she can no longer remain a Christian in this country, without being faced with threats of being arrested by religious authorities (much like what many others have had to do).
Just put yourself in her shoes.
2) Not have an individual (whether malay or non-malay) seek legal redress to the syariah court when he/she does not profess Islam to be her religion
To quote the dissenting judge:
"The dissenting judge Malanjum said the NRD's demand
was "discriminatory and unconstitutional," and it was unreasonable to
expect a person to "self-incriminate" herself before a syariah court."
We see the same recurring theme here: while this is a legal case, in substance, if an individual's freedom of religion rested with a religious court, and the religious court refused conversion, wouldn't that also in effect, be an effective barrier to freedom of religion?
Do you believe that the Syariah court will grant an individual it deems an apostate, equal and fair treatment under the Federal Constitution?
3) The abdication of the civil courts of its jurisdiction over the
governance of a Malaysian's basic right, guarded by the Federal
Constitution of Malaysia.
This is the current problem: we, as non-muslims/bumis, are seeing an increasing Islamisation of the Malaysian judiciary. Where once we had the judiciary championing the basic rights of every Malaysian, now we have a judiciary which is losing its position, and instead, have a civil court becoming increasingly subservient to the syariah court.
This is a problem. Without realising it, we are witnessing extremism and the official and systematic erosion of an individual's right becoming institutionalised within our nation's judiciary. Nevermind the questions over the judiciary's already deteriorating credibility.
The civil court should not bow to the syariah court, it should not bow to political pressure, it should instead, interpret the Federal Constitution and protect it's original meaning and intent.
What is my conclusion?
It is a shame, that Malaysia, for what our PM has valiantly proclaimed all along, to be a multi-religious society, and one which respects freedom of religion, to be a LIE, because the nation's courts have failed once again, to facilitate and realise the goal of Article 11.
The decision has led many of us now to believe, that converting into Islam in Malaysia (unlike in other countries), is like walking into a mouse-trap-cage. Once you convert into the religion, you can't convert out. Once you are born into the religion, you are bound to it for life, and not given the opportunity to make a personal assessment.
I plead with my Muslim brothers and sisters in Malaysia, to emphatise with people like Lina Joy, and to understand that Malaysians and others around the world, will be able to see the love and tolerance in Islam, if only it translate the virtues in Islam into action, and extend an avenue for people like Lina Joy, to live in peace, without security fears, in our country, to practice any religion he/she wants to, and to give her an open door.
If Islam is a religion of strength, why fear demolishing the trap in our legal system? If Islam is truly a religion of strength, why not accord it the due respect and admiration it deserves, by granting religious freedom, and not hold its followers' conscience captive.
I hope that this will not be the end of public discourse. I hope that all Muslim brothers/sisters will not be closed minded, but instead, be open to rational and mature dialogue, rather than accusing any attempt to discuss the plight of these individuals, as a threat and an attack. Truly, if Islam is a religion that has survived all these centuries, then why be afraid to debate?
Likewise, as a Christian, I believe that we only serve to lose out in terms of our image, if we shy away from the issues facing the religion today, especially if we were to intimidate our fellow believer from converting out of Christianity...
The environment prevalent in Malaysia for current Muslims boils down to this: LIVE AS A MUSLIM OUT OF FEAR, or, alternatively, if freedom of religion be extended to Muslims, LIVE AS A MUSLIM OUT OF LOVE.
Christians will understand that what I mean is, that there is no point forcing someone to believe in Christianity by striking fear into the heart of the person, but rather, to win over the person through acts of love...I rest my case...
| | | Posted 5/30/2007 1:59 PM - 148 views - 1 comments
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