Letters on the Lina Joy case continue to pour in to malaysiakini at a ratio of (my rough guess) 85% against the federal court’s ruling, for Lina to seek a ruling (or permission) from the syariah court to be declared officially as no longer a Muslim.
I am not sure how that’s going to help Lina – as I said in a previous posting, City Hall’s not going to cave in to such polemics.
… unless of course, such polemics, posturing and politicking are meant to serve purposes other than for Lina’s interests.
While I admire Lim Guan Eng for his dedication as an opposition leader I don’t agree at all with his remarks that that ruling will divide Malaysian society even more – how?
Malaysians or even Malayans have Muslims and non-Muslims in our society, and we all know that Muslims live their religious lives just as before where it’s hard for Muslims to leave their religion.
Yes, in recent times there may be some wannabe Arabs but that’s no different from Malaysian Christians having western names and wearing western styled clothing.
Let’s not beat an already dead horse, for if we continue to do so, the situation becomes even worse for Lina. Many Muslims believe, and I don’t blame them, that it’s all part of a plot to undermine their faith. It doesn’t help Lina if they, including members of the syariah court, start to develop a siege mentality.
For s start, our constitution has the conflicting articles – 11, 121(1) and 121(1)(a), etc – which one do we use? Can we just cherry pick as they suit our arguments? Let’s sort this one out first before we can really talk with real consistency and direction.
But until then, let’s give Lina her only avenue left. As malaysiakini reader P Dev Anand Pillai said in the last two paragraphs of his letter:
It can be well said that Malaysia is a unique place where one can see that bringing up children in households that practice different religions is very common. Trouble only starts when the child is grown and begins to adapt in the adult world where questions will be asked. We cannot be proud of the case of Lina Joy for we are going to see many more such cases and we must be ready to give them solutions and remedies for their predicaments.
If the Syariah courts are the forum, then they must be prepared to allow non-Muslims to be represented in their courts and welcome them without any form of prejudice because they are of different faiths. Therefore, if it has been decided that the Syariah courts are the forum to get justice, then let’s see if justice is served
Yes, let’s give Lina a chance with the syariah court instead of many now presumptuously closing that avenue with predictions of woe and death sentences. One cannot but get the feeling that those who have been vehemently criticizing the court’s ruling are actually delighted that the Lina Joy case has provided them with the ammunition to bash Islam and the Muslims.
Your suggestion to give Lina a chance with the syariah court is tantamount to subjecting non-Muslims to the syariah which many non-Muslims cannot accept. This is tantamount to accepting an Islamic state technically. But what would become more alarming is that once this precedent is set, it will remain forever and the civil court might as well close shop. The remedy is to uphold the Federal constitution which subjects syariah law to civil law. Do away with Article 121 (a) which has led to syariah law taking precedence over civil law when the rights of Muslims and non-Muslims overlap. Malaysia is a secular country as founded by its forefathers - NOT an Islamic state as the present trends of the supremacy of syariah law point to.
ReplyDelete"One cannot but get the feeling that those who have been vehemently criticizing the court’s ruling are actually delighted that the Lina Joy case has provided them with the ammunition to bash Islam and the Muslims."
ReplyDeletewell... i'm not.
i think many oppose that decision bcos sending lina joy to the syariah court is basically sending her to incriminate herself, like what the minority judge says.
there r MANY EXPLICIT criminal laws punishing anybody who claims to want to quit islam (n may well catch the lawyer for the apostate too), but on the other hand there r NO CLEAR provisions allowing a muslim to become an apostate.
some have claimed that there r ways to do it at the syariah court, n u won't get prosecuted if u apply to b an apostate, but i have yet to read the EXPRESS provisions allowing apostasy.
or at the very least, EXPLICIT GUARANTEE that any apostate who really go to the syariah court to apply to b an apostate will NOT b prosecuted.
most r NOT 'bashing' islam n muslims as u said. most would b happy to support that decision PROVIDED going to the syariah court is REALLY going to work n she won't get arrested n put in 'concentration camp'.
don't sensasionalize it, KT?
i've written on this: (advert again...)
Lina Joy - Malaysian Islamists Won the Battle But Losing the War?
http://juslo.blogspot.com/2007/06/lina-joy-malaysian-islamists-won-battle.html
Criminal laws such as these:
SYARIAH OFFENCES ENACTMENT (MELAKA STATE) 19916/1991
PART IV: OTHER OFFENCES
Section 66 - Trying of Apostasy.
(1) Whenever a Muslim deliberately, by conduct or word or whatever other way, admit to want to leave Islam or declares himself to be non-Muslim, then the [Syariah] Court shall, if satisfied that that person has done something which could be interpreted as has tried to change iktikad (faith) and belief in Islam whether it is by his own admission or conduct, make order so that the person is detained in Pusat Bimbingan Islam (Islamic Guidance/Rehabilitation Center) for a period not more than 6 months for the purpose of education and such person be requested to repent in accordance with Hukum Syarak.
(2) If any person who has been ordered so that is detained under subsection (1) -
(a) repents immediately, the [Syariah] Court shall, after confirming his repent, free that person; or
(b) if that person at any time during detention has repented, the Observing Officer shall report the matter to the [Syariah] Court and the Court shall call that person and after confirming his repent, shall make an order to free him.
(3) The Observing Officer shall send a progress report about that person being detained to the Syariah Court every week.
(4) The Islamic Guidance/Rehabilitation Center shall be gazetted as a detention centre.
And these:
SYARIAH CRIMES ENACTMENT (PERAK STATE) 19923/1992
PART IV: OFFENCES RELATING TO THE HONOUR OF THE RELIGION AND ITS INSTITUTIONS
Section 13 - Act or word of Apostasy.
A Muslim who deliberately, whether by conduct or word or whatever other way, admits wants to leave Islam or declares himself as a non-Muslim is committing an offence offending Islam and shall, when found guilty, be given punishment of fine not more than RM3,000.00 or jail for for a period not more than 2 years or both together.
[### Perak has no qualm about calling it jail instead of 'education'. The frankness is commendable! ###]
And also these:
Takfir.
(1) Depends on subsection (2), any person who says or indicate by words, whether verbal or written, or by sign or picture, or by any act, activity or conduct, or by organizing, promoting or create any activity or otherwise by any way, that any person professing Islam or people who are categorized in any group, entity or description of people who profess Islam-
(a) is a kafir/unbeliever;
(b) no longer profess Islam;
(c) should not be accepted, or could not be accepted, as professing Islam; or
(d) do not believe, follow, profess or group within, Islam,
is committing an offence and when found guilty can be fined not more than RM5,000.00 or jailed for a period not more than 3 years or both together.
(2) Subsection (1) does not apply to -
(a) any which is done by any [Syariah?] Court or religious authority created, formed or appointed or under any written law and is given power to make or issue any decision regarding any matter related to Islam; and
(b) any which is done by any person according to or following any decision made or issued by the [Syariah?] Court or any such authority, whether the decision is written or if written, whether it is published in the Gazette.
*** Found, in similar wordings, in at least:
ENAKMEN KESALAHAN JENAYAH SYARIAH (TAKZIR) (TERENGGANU) 20017/2001, BAHAGIAN II KESALAHAN YANG BERHUBUNGAN DENGAN 'AQIDAH, Seksyen 38
ENAKMEN JENAYAH SYARIAH (SELANGOR) 19959/1995, BAHAGIAN II KESALAHAN YANG BERHUBUNGAN DENGAN 'AQIDAH, Seksyen 6
JOHOR ENAKMEN KESALAHAN JENAYAH SYARIAH 19974/1997, BAHAGIAN V KESALAHAN PELBAGAI, Seksyen 31
KEDAH ENAKMEN KANUN JENAYAH SYARIAH 19889/1988, BAHAGIAN II KESALAHAN-KESALAHAN, Seksyen 24
[### Note that these are not the so-called 'laws and procedures' mentioned by the Chief Justice because just because you have been fined, jailed and 'educated' under these criminal provisions does not mean that the Syariah Court will therefore give you an apostasy order.