Prayer item to note. Hang in there , Lina Joy !!
NRD refused to delete word on IC’
October 14, 2004 Bernama
PUTRAJAYA, Thurs.- The High Court, hearing an appeal by a woman seeking a declaration that she is free to practise the religion of her choice, was told today that the registrar of the National Registration Department had acted unreasonably when it refused to delete the word "Islam" on her identity card.
Her counsel, Datuk Dr. C. V. Das, told the three-member panel comprising judges Datuk Sri Gopal Sru Nam, Datuk Abdul Aziz Mohamed and Datuk Arifin Zakaria that as an administrative decision-maker, the registrar was bound to act reasonably and not exercise the power in a manner that was tantamount to abuse of power.
Das said the NRD had changed the appellant’s name to Lina Joy from her original name, Azlina Jailani, and accepted the reason given (the change of religion), but refused to change her religious status on her IC without giving any reason.
"This is unreasonable exercising of an administrative power because if you (the registrar) are prepared to accept the reason for the change of name and allow the change, the deletion of the religion should follow logically," he said.
Sri Nam adjourned the hearing to Dec 13. – Bernama.
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
OCT 11, 2004 Straits Times Interactive Singapore
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.
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, filled in by ppl who brought their own pens or pencils(Pencil ppl, pls get ready to give presents for ppl who bring their own pencils). I didn’t see them all but the one that I saw, enjoyed the presentation, would like to be invited for the next one and understood the message. Hurrah. 