Thursday, May 31, 2007
Lina Joy!
And so the dust will begin to settle and Malaysians will go back to their lives and forget the decision of probably the most important court verdict that directly impacts the lives of all Malaysians in this land. The Lina Joy verdict has damned the secular Constitution of the land, leaving many unanswered and worrying questions about the fate of Malaysia - a land with a non-Muslim population of about 40 percent.
The Malaysiakini headline on Wednesday cried out "No Joy for Lina" after the Federal Court rejected the 42-year-old Malay Christian's application to the highest civilian court in the land to allow her to delete Islam from her identity card. A lot of people who believe that the Constitution should be the supreme law of the land also has no joy. The Chief Justice himself said Lina Joy must now submit to the Syariah court for redress, effectively putting her in limbo, as she is no longer a Muslim and thus should not be forced to submit to Islamic law. I don't have legal training but it is clear to me that by making someone like Lina Joy submit to Islamic law when she has declared herself to be a Christian is a gross violation of human rights and the freedom to choose one's own religion.
Malaysia is now being accused by some quarters of violating its own laws as well as international laws. If the government thinks that this furore over this case will slowly die a natural death, it may be in for a surprise. In fact, Malaysia's confusing stance of pretending to allow freedom of religion and in the same breath, denying Malays the right to practice any religion is now very loudly proclaimed to the world. I would not be surprised if foreign governments make it a point to bring this matter to the attention of the Prime Minister in future government-to-government engagements. There is a price to be paid. This case is another clear sign that the Prime Minister's Islam Hadhari is sitting on thin ice. Lina Joy is also another indication that the country's reputation as a secular nation is in in grave danger. This should worry Malays and non-Malays equally, as only the Constitution without a religious slant can truly protect the rights and freedoms of its populace. This has been proven in history. ¶ 4:12 PM
The Malaysiakini headline on Wednesday cried out "No Joy for Lina" after the Federal Court rejected the 42-year-old Malay Christian's application to the highest civilian court in the land to allow her to delete Islam from her identity card. A lot of people who believe that the Constitution should be the supreme law of the land also has no joy. The Chief Justice himself said Lina Joy must now submit to the Syariah court for redress, effectively putting her in limbo, as she is no longer a Muslim and thus should not be forced to submit to Islamic law. I don't have legal training but it is clear to me that by making someone like Lina Joy submit to Islamic law when she has declared herself to be a Christian is a gross violation of human rights and the freedom to choose one's own religion.
Malaysia is now being accused by some quarters of violating its own laws as well as international laws. If the government thinks that this furore over this case will slowly die a natural death, it may be in for a surprise. In fact, Malaysia's confusing stance of pretending to allow freedom of religion and in the same breath, denying Malays the right to practice any religion is now very loudly proclaimed to the world. I would not be surprised if foreign governments make it a point to bring this matter to the attention of the Prime Minister in future government-to-government engagements. There is a price to be paid. This case is another clear sign that the Prime Minister's Islam Hadhari is sitting on thin ice. Lina Joy is also another indication that the country's reputation as a secular nation is in in grave danger. This should worry Malays and non-Malays equally, as only the Constitution without a religious slant can truly protect the rights and freedoms of its populace. This has been proven in history. ¶ 4:12 PM
