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2007/9/19

Think twice before voting

These days, Malaysia has abondoned all rights for religion and races other than that of the Muslims.  This is illustrated in the pictures below which have been compiled from various sources depicting the level of tolerance adopted by Malaysian politicians.  Perhaps the large majority of citizens (Malays) just choose to ignore what their politicians are saying because they will not be affected.  So I ask them this... "Will you step up?  Do you care so little for your fellow citizen?  Are you that self-absorbed?"  If the majority of your answers are "No", then perhaps you should question your right to exist as a human.  We are all living under one sky and one sun.  The sooner you realise that, the sooner we can all live in harmony.
 
image001.jpg image002.jpg image003.jpg image004.jpg image005.jpg image006.jpg image007.jpg
 
2007/8/24

Pop stars pressured to cover up in Malaysia

KUALA LUMPUR, Malaysia - Some of the world’s top pop stars are facing growing pressure to keep skimpy outfits and steamy dance moves off the stage during their concerts in Muslim-majority Malaysia, event organizers said Wednesday, citing protests by conservative Islamic critics who believe such Western performers can corrupt youths.

Gwen Stefani made what she called “a major sacrifice” by wearing clothes that revealed little at a Kuala Lumpur performance Tuesday. Muslim students and political activists had called for her concert to be scrapped because of her sexy reputation.

Promoters have announced that Beyonce is scheduled to perform Nov. 1 in this Southeast Asian country — but with caveats.

“We’ve informed Beyonce’s management about this issue of clothes, but it takes some of the fun out of it,” said Razlan Ahmad Razali, chairman of Pineapple Concerts, which is organizing Beyonce’s concert.

“Beyonce won’t be able to do the kind of show here that she does elsewhere,” Razlan told The Associated Press. “She’s a fashion icon, and we know that she often wears miniskirts and clothes that expose her navel during her performances. It’s a pity to restrict her, because her costumes are all tasteful and glamorous.”

Kanye West faced a different problem when he came to Kuala Lumpur in April because government officials said he should not perform one of his biggest hits, “Jesus Walks,” because of religious sensitivities about the title, Razlan said.

Malaysia’s government guidelines for public performances require a female artist to cover up from the top of her chest to her knees, including her shoulders. Performers may not hug or kiss, and their clothes must not have obscene or drug-related images or messages.

A Pussycat Dolls concert last year caused its Malaysian organizers to be fined ($2,857) after the group was accused of flouting decency regulations.

Such concerns have made Malaysia less appealing to some stars. A concert promoter, speaking on condition of anonymity because of the sensitivity of the issue, said the hassle about clothes was one of the reasons that Christina Aguilera skipped Malaysia during a recent Asian tour that included neighboring Singapore, Thailand and the Philippines.

The Pan-Malaysian Islamic Party, the country’s biggest political opposition group, which opposed Stefani’s appearance, says it will probably protest further if Beyonce or others like Justin Timberlake perform here.

“Even with Gwen Stefani, we’re not satisfied just because she covered up at the concert,” said party official Kamarulzaman Mohamed. “Outside, she still wears sexy clothes and influences teenagers who idolize her. It’s bad to have immoral artists visiting Malaysia.” 

© 2007 The Associated Press.

beyonce.jpg
2007/7/10

Talking about PM: Find out grouses of those wanting to leave Islam

Now, instead of making any effort to try and catch converts, they actually want them to turn themselves in to save them the trouble.  How lazy and stupid can the Malaysian government be?!  They must think that the population of converts are actually idiots!!  As for the PM saying that he had not "heard of people being tortured at religious rehabilitation centres", well, OBVIOUSLY!  Which member of his staff is going to tell him that that is what actually happens?  It's called "plausible deniability" dumb-ass!  And if you don't know what that means, then go look it up (if you actually know where to look).  As for the “suddenly these things seem to be coming out one after another" statement, all I can say is, "crawl out from under the rock you've been hiding under!!!"  There is nothing sudden about people wanting to leave an oppresive, subjugating, penal faith that punishes you for looking the wrong way.

PUTRAJAYA: The Prime Minister wants the religious authorities to find out the grouses of Muslims who renounce Islam. 

Datuk Seri Abdullah Ahmad Badawi said he had repeatedly told the religious officers to listen to their problems, to learn why they want to leave the faith, and in the case of converts, why they wish to return to their former religion. 

“Find out what they are disappointed with, why a Muslim convert would return to her earlier religion after the death of her husband,” he told newsmen after opening the 18th Conference of International Islamic FIQH Academy here yesterday. 

The Prime Minister, who was asked to comment on the spate of court cases involving people seeking to leave the faith, admitted that he did not know why “suddenly these things seem to be coming out one after another.” 

He recognised, however, that there was a problem and wanted to know the reasons why Muslims were leaving Islam. 

He also said he had not heard of people being tortured at religious rehabilitation centres, and brushed off such claims as wild allegations.

Ref: theStar Online, http://thestar.com.my/news/story.asp?file=/2007/7/10/nation/18259290&sec=nation

2007/6/13

Lina Joy loses appeal

This sounds like an easy way to get out of making a big decision for the Federal Court.  It seems obvious that they are willing to let the Syariah court rule their decisions in matters of religion.  Maybe Malaysians chould concede to removing the "right to freedom of religion" from the constitution altogether.  There doesn't seem to be any reason for us to keep it in there.  My advise to all non-muslims living there, "get out while you still can."  The government has already started tagging us through our Identity Card, and it won't be long before they start telling you what you can or cannot believe.  For those that decide or have no choice but to stay, I say, "bleed the country of all its natural resources and leave nothing for the oppressive, fascist, ruling party." Good luck and God bless.

PUTRAJAYA: Lina Joy lost her final round of appeal when the Federal Court dismissed on Wednesday her appeal against a ruling that the National Registration Department was right not to allow her to remove the word "Islam" from her identity card. 

Chief Justice Ahmad Fairuz Sheikh Abdul Halim and Federal Court judge Justice Alauddin Mohd Sheriff delivered the majority decision dismissing her appeal. 

Chief Judge of Sabah and Sarawak Justice Richard Malanjum dissented. 

On Sept 19, 2005, the Court of Appeal decided that the NRD director-general was right in refusing her application to drop her religious status from her IC on the grounds that the Syariah Court and other Islamic religious authorities did not confirm Linas renunciation of Islam.  

Quote

http://thestar.com.my/news/story.asp?file=/2007/5/30/nation/20070530115251&sec=nation
2007/6/9

Talking about Hilton will 'serve the remainder of her sentence'

It's about time that these celebs get their "just deserves."  If she gets time off, it just proves that the judicial system is a major joke.  Personally, I have no sympathy for her because she seems to think that she's above the law.  Normally I wouldn't even bother giving her the time of day, but for once, it's good to see that the law is taking appropriate action on this "wannabe princess."

Quote

Hilton will 'serve the remainder of her sentence'

June 8: Court spokesperson Allan Parichini gives details on the hearing which resulted in Paris Hilton's returning to jail to serve the remainder of her original 45-day sentence.

2007/5/17

Apostasy in Malaysia

This is another ongoing battle that's occuring in Malaysia currently.  Many people I know have said that they are surprised that the Malaysian government allowed the screening of this program on pay tv, seeing as how they control all media.  However, if you look at the victims, you will see that they are of Indian ethinicity.  The government will only ban the program if a Malay person was the victim.  Well, such is the discrimination in this country.
 
2007/4/1

Ribena maker squashed after schoolgirl expose

Hi all,
It's been a while since I've updated my space.  Been busy looking for work and playing PS2 (Final Fantasy XII)!!  So I thought that I'd bring your attention to this news article I was sent.  All these years I've been drinking Ribena under the pretence that it was full of Vitamin-C.  Little did I know that it was only coloured sugar water!  Anyway, read the article and judge for yourself whether you want to carry on drinking it or not.
 
ribena.jpg 

WELLINGTON (Reuters) - The makers of one of the world's best known fruit cordials were fined by a New Zealand court on Tuesday after two schoolgirls exposed them for misleading consumers over vitamin C levels in their Ribena blackcurrant drink.

High school students Anna Devathasan and Jenny Suo in 2004 tested the drink against advertising claims that "the blackcurrants in Ribena have four times the vitamin C of oranges".

Instead, the pair found the syrup-based drink made by GlaxoSmithKline (GSK) contained almost no trace of vitamin C, and one commercial orange juice brand contained almost four times more.

GSK had paid little attention to the claims of Devathasan and Suo until their complaints reached the New Zealand's consumer watchdog Commerce Commission.

But appearing in an Auckland court on 15 charges of breaching the New Zealand's Fair Trading Act, GSK pleaded guilty and admitted its ads may have left consumers with a wrong impression of the health benefits of Ribena.

The judge fined the company a total NZ$227,500 (83,200 pounds) for misleading advertising.

The Commerce Commission said GSK's behaviour was a "massive" breach of trust with the New Zealand public.

"As a multinational company specialising in pharmaceuticals and health products, they should have had robust testing and quality assurance systems in place to ensure its product was delivering what it promised," Commission chair Paula Rebstock said in a statement.

GSK told the court it had not deliberately set out to mislead consumers, and the fault lay with its testing methods.

"The fact that some of our products had incorrect labelling is to us, unacceptable, and we sincerely regret any confusion caused to customers who feel they may have been misled," GSK said in a statement.

The court also ordered the company to place advertisements in major metropolitan New Zealand newspapers to correct its mistakes.

"We're just blown away that anything we could have started as a consumer could have blown up into something so huge," Devathasan told Radio New Zealand.

Ribena, first made in the 1930s and distributed to British children during World War Two, is now sold in 22 countries.

(c) Reuters 2007. All rights reserved. Republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters and the Reuters sphere logo are registered trademarks and trademarks of the Reuters group of companies around the world.

This article: http://news.scotsman.com/latest_odd.cfm?id=469632007

2007/1/24

Malaysia braces for ruling on Islam conversion

Hi all.  I'm back from my holiday.  I was doing some more research on Lina Joy, and came across this article.  There were varied replies to the article from the website that posted.  Interestingly, the majority of respondents were favourable to allowing muslims to make their own choices.  We can only hope that this feeling propogates itself to the majority of muslims in this country.  That would be the time when we can all say that we are proud to be Malaysians.

Sunday, August 13, 2006

Malaysia braces for ruling on Islam conversion

By Jalil Hamid and Liau Y-Sing

(Reuters) - Malaysia is expecting a court ruling any day now that could shake society to its foundations: does a Muslim have the right to convert to another faith?

A Muslim by birth, Lina Joy decided to become a Christian, marry and raise a family. But in Malaysia, where Islam is the official religion, this is an affair of state, not conscience.

The 42-year-old has asked the Federal Court, the country's highest civil judicial authority, to acknowledge her decision to convert to Christianity and is now awaiting a verdict.

Whatever the outcome, the decision could pose a headache for a government that is trying to meet the demands of the majority Muslim population and the sizeable minority of non-Muslims.

"The fundamental question in Lina's case is whether Muslims in this country can convert?" said political analyst Abdul Razak Baginda.

It's a tricky legal question in multiracial, multi-religious Malaysia. Ethnic Malays, who make up just over half of Malaysia's 26 million people, are deemed Muslims from birth.

Azlina Jailani was one of them. She was brought up as a Muslim but at the age of 26 she decided to become a Christian.

In 1999, the National Registration Department allowed her to change the name in her identity card to Lina Joy but the ID entry for her religion remained as "Islam."

Until the entry is deleted, she cannot legally marry outside the Muslim faith. The legal wrangling began when she took the department to court over the anomaly.

Joy could not be reached for comment.

Constitutionally, freedom of religion is guaranteed. But in reality, conversion out of Islam comes under the ambit of sharia or Islamic courts. And under sharia law, renouncing the Islamic faith is punishable by fines or jail. It isn't an option.

'POLITICAL DYNAMITE'

Muslims who leave Islam end up in legal limbo, unable to register their new religious affiliations or to legally marry non-Muslims. Many keep quiet about their choice or emigrate.

A court victory for Joy could be explosive.

"It's political dynamite. It will create instability," Abdul Razak said. "For decades, the position of Malays and Muslims have been guaranteed.

"It will open the floodgates. Now you see Malays are going to convert and the government sanctions that. Definitely there will be a huge backlash and PAS is going to town with it."

Parti Islam se-Malaysia (PAS), the country's biggest Islamic opposition party, agrees.

"It will be a bad precedent," PAS deputy chief Nasharuddin Mat Isa told Reuters. "It will create some uneasiness in the Malay community. It could lead to demonstrations."

The influential Angkatan Belia Islam Malaysia, the Muslim youth group once led by former deputy premier Anwar Ibrahim, wrote a letter asking the Federal Court to dismiss the appeal.

"Allowing Malays to leave Islam automatically will erode the status, the rights and the privileges of Malays," it said.

But a ruling against Joy could also inflame opinion among non-Muslims, who are already aggrieved over what they see as the gradual encroachment of Islamic law into civil society.

"If they rule against Lina Joy, the whole question of religious liberty -- the freedom of conscience, choice, expression and thought of an individual -- will be greatly affected," said Wong Kim Kong, secretary-general of the National Evangelical Christian Fellowship Malaysia, which represents about two-thirds of Malaysia's roughly 4,000 churches.

But he agreed that a court victory for Joy could spark a Muslim backlash. "This group may sow discord or even create public disorder that will result in greater polarisation of the races and religion in the country," Wong said.

For Islamic scholars, Joy cannot win.

"If Islam were to grant permission for Muslims to change religion at will, it would imply it has no dignity, no self-esteem," said Wan Azhar Wan Ahmad, senior fellow at Malaysia's Institute of Islamic Understanding.

"And people may then question its completeness, truthfulness and perfection."
2006/9/14

Death threats against Lina Joy, fighting for her life and religious freedom

I got this through an email.  It's a report on the death threat made towards Lina Joy's lawyer that was reported on an Italian website.  I hope that this case gets more international recognition, so that this poor woman can get some justice.
 
29 August, 2006
Death threats against Lina Joy, fighting for her life and religious freedom
 
Convert to Christianity and her fiancé forced into hiding by death threats. The attorney who is appealing to the courts to have her conversion acknowledged is victim of intimidation.

Kuala Lumpur (AsiaNews) – Lina Joy’s fight for religious freedom is turning into a fight for the right to live. The Muslim convert to Christianity and her would-be Christian husband have gone into hiding after extremists issued death threats against her for apostasy, this according to her attorney, Benjamin Dawson, who spoke in a recent interview to the New York Times. Victim of intimidation himself, Mr Dawson said that the best solution for the two was emigration.

Ms Joy, whose pre-conversion name was Azlina binti Jailani, met her fiancé, a Christian of ethnic Indian background, in 1990. Now she would like to get married and want her conversion to be officially recognised. Failing this, she would have to marry a Muslim and accept Islamic rules on marriage and inheritance.

For many years she has tried unsuccessfully to get Malaysia’s National Registration Department and then the courts to remove Muslim status from her identity papers. She was thus left with an appeal to the Federal Court, which is currently vetting her application. However, in Malaysia there are two, often conflicting, legal systems, one based on Islamic law; the other, on the constitution.

The Joy case has created great tensions in Malaysia. The issue at stake is whether the constitution or Sharia should be supreme.

Dawson himself wonders whether “we go down the Islamic road, or do we maintain the secular character of the federal Constitution that has been eroding in the last 10 years”.

Given the situation the lives of those who are spearheading the difficult fight for religious freedom in Malaysia are at risk, the lives of people like human rights lawyer Malik Imtiaz Sarwar, who has been an observer at the appeal trial for the Malaysian Bar Council, and whose face now appears in a ‘Wanted Dead’ poster.

The message that came with the photo was no less clear: “This is the face of the traitorous lawyer to Islam who supports the Lina Joy apostasy case. Distribute to our friends so they can recognize this traitor. If you find him dead by the side of the road, do not help.”

Mr Malik is now seeking police protection.

http://www.asianews.it/view.php?l=en&art=7065

2006/9/11

'Germaine, try this on for size'

I think this woman should keep her mouth shut.  I can't believe that someone can be this insensitive to a family's grief.  When there is a death in her family, I'm sure that she would not like it if people were to say, "[that person] deserved to die."  Whatever it is, it does her cause no good and makes feminists look childish, immature, and insensitive.
 
'Germaine, try this on for size'

By Luke McIlveen

September 08, 2006 08:25am
Article from: The Daily Telegraph

THE backlash against expatriate academic Germaine Greer over her comments about Steve Irwin has reached new heights, with The Daily Telegraph newspaper sending the outspoken feminist a muzzle.
The Daily Telegraph today called on all Crocodile Hunter fans to tell the controversial academic exactly how they feel.

Greer raised the ire of a nation this week when she said in a British newspaper column that the animal world had taken "revenge" on Irwin when he was killed in a stingray attack in northern Queensland on Monday.

A furious Queensland Premier Peter Beattie said Greer should "back off" and keep her "stupid" comments to herself.

"Germaine Greer is just wrong and I just can't imagine anyone being more insensitive and, frankly, stupid. This argument is just extreme radical rubbish from Germaine Greer," he said.

Readers flooded The Daily Telegraph website yesterday to express their outrage.

"Steve Irwin has made the world aware of the animal conservation and opened our eyes to the many beauties of the animal kingdom," web reader Brad Chong said.

"These comments by Germaine Greer are pathetic and tasteless and I think its quite sad that you can even call yourself Australian when you are merely gaining publicity from the death of such a much-loved Australian."

Donna Renee of Cornell wrote: "Why is she allowed to write such rubbish? I believe her words are born of jealousy. Steve Irwin won the love and respect of millions of people worldwide, myself included. Yes, she will die a sad, lonely old woman and who will care when she does bite the dust?"

It was also revealed yesterday that Greer had never requested permission from Aboriginal elders to enter Sydney - despite claiming she always asked traditional owners before setting foot in her home country.

Greer bragged to a gathering of Australian writers in London six years ago that she never returned to her home country without getting permission from Aboriginal elders.

"Whenever I arrive the traditional owners of the land come to meet me and I won't leave the airport until they allow me in," she said.

"They are always there - one would be enough, but I get nine, 12 or 15."

NSW Aboriginal Land Council spokesman Paul Molloy said yesterday Greer had never asked permission despite visiting Sydney several times in the past six years.

"We debunked that myth some time ago. I know she made that claim but it was a lot of hooey. There is no one group of elders or traditional owners you can seek permission from to enter Australia," he said.

Greer followed up her Irwin claim by mocking Australians who mourned his death, saying they were "idiots".

 

 greer.jpg

2006/9/10

Religious sect being persecuted in Malaysia

Whatever beliefs people may have, I believe that it is their God-given right to practice it in whatever fashion they wish.  What I abhor is the way the malays in Malaysia seem to think that it is their right to force their beliefs on everybody that doesn't follow their way of life.  Just because you don't like the way that other people practice their religion, doesn't mean that they are wrong.  It's their belief, not yours.  Get your own life and stay out of others.
 
PTI (04.08.2005) / HRWF Int. (31.08.2005) - Email info@hrwf.net - Website http://www.hrwf.net - Human Rights Watch has criticised Malaysian government for the alleged persecution of members ofa religious sect.
 
The US-based rights group alleged that 'Sky Kingdom' members, who are to appear before a Shariah court in Terrengganu province on charges of practicing a "deviant religion," do not have legal defense counsel or the opportunity to prepare a defense.
 
On July 31, government officials violated a court order by demolishing the community's religious structures "including a giant teapot and an umbrella-shaped building" at the Sky Kingdom compound in Terangganu, the Human Rights Watch said in a statement.
 
Forty-nine members of the Sky Kingdom are charged with violating Islamic precepts. If convicted, they could be fined and jailed up to two years.
 
"The Malaysian government is targeting this religious community simply for their beliefs," said Sam Zarifi, Deputy Asia Director at Human Rights Watch.
 
"The government is violating international standards by destroying the Sky Kingdom's religious structures and now threatening to throw the members in jail without a fair trial."
 
The Sky Kingdom was founded by Ayah Pin (whose real name is Ariffin Muhammad), who claims to be the reincarnation of the holy figures of Buddhism, Christianity, Hinduism and Islam. The community was one of 22 declared as "deviant sects of Islam" by the Malaysian government last month.
 
Lawyers from Terrengganu province have refused to represent Sky Kingdom members.
2006/9/9

Intolerance - Lina Joy - pt.5

I was sent this article, written by Sarah Page, which outlines the case.  There's not much more that I can say that I haven't already said.  I now just wish to post everything I have.  More to come...
 
Malaysian Court says ‘No’ to change of religious status
Lina Joy must seek permission from sharia court to convert from Islam – a criminal offense
by Sarah Page
Compass (29.09.2005) / HRWF Int. (05.10.2005) – Website: http://www.hrwf.net– Email: info@hrwf.net – Judges in Malaysia’ s Court of Appeal announced on September 19 that Lina Joy, a former Muslim who converted to Christianity in the late 1980s, must apply to a sharia court for permission to legally renounce Islam.
 
According to local media reports, the court pointed out that Joy, 41, was constitutionally free to practice the religion of her choice. The Muslim designation on her identity card, however, prevents her from marrying a Christian and places other restrictions on her everyday life.
 
By law, Malaysian citizens over the age of 12 must apply for and carry an identity card with them at all times. In addition, all identity cards issued to Muslims must clearly display their religious identity.
 
Joy – known as Azlina Jailani before she converted – first approached the National Registration Department (NRD) in February 1997, seeking permission to change her name and religious status.
 
The application was rejected in August 1997 on the grounds that the sharia court had not granted permission for her to renounce Islam.
 
In 1998, the NRD allowed the name change, but refused to change the religious status on her identity card. Joy appealed this decision in the High Court.
 
In April 2001, Judge Datuk Faiza Tamby Chik ruled that she could not change her religious identity, because ethnic Malays are defined as Muslims under the Constitution. “As a Malay, the plaintiff exists under the tenets of Islam until her death,” the judge told the Berita Harian newspaper. He also said jurisdiction in such cases lay solely in the hands of the sharia court.
 
Joy then took her case to the Court of Appeal, where it was heard in October 2004. In December, the appeals court ruled that the director-general of the NRD and the High Court Judge Datuk Gopal Sri Ram must give a legal rationale for their decisions by mid February 2005, prior to another hearing on March 7.
 
At the March hearing, Joy’s counsel, Cyrus Das, argued that the NRD could not legally require her to produce a certificate from the sharia court. Joy has always argued that, following a statutory declaration of her conversion to Christianity, she should not be subject to sharia law. Islamic law professor Shad Faruqi dismissed this argument, explaining that official approval of conversions was a legal safeguard. Without it, Muslims could evade sharia law by leaving their faith whenever they were charged with a religious offense.
 
In the final decision announced 10 days ago, Justice Abdul Aziz and Justice Arifin Zakaria ruled that the NRD was correct in rejecting Joy’ s application and said it was up to the sharia court to settle the issue.
 
Malaysian lawyers say the sharia court has never granted permission for a Malaysian Muslim to convert out of Islam, according to a Straits Times article on September 20. Article 11 of the Malaysian Constitution gives every person the right to change his or her religion; but Article 3 declares Islam to be the official religion of the state. The dual court system in Malaysia also complicates matters.
 
A person who converts out of Islam is called an “apostate” – which sharia law regards apostasy as a criminal offense. In extreme application of sharia law, apostasy is punishable by death.
 
In an effort to discourage conversions, several states have adopted the Control and Restriction Bill, which proscribes a fine of 10,000 ringgit ($2,653) and/or imprisonment for up to one year for “persuading, influencing or inciting a Muslim to leave Islam for another religion.”
 
Not all Malaysians agree with these laws. “What we now see is that the public is more vocal than a few years back in openly talking about these matters and willing to challenge court decisions,” a source who preferred to remain anonymous told Compass.
 
In a letter to a Malaysian newspaper, one man wrote, “Most Malays who leave Islam do it out of conviction, not convenience, and nothing will stop them. They have their reasons, as we all do when we choose to believe in God or a religion or not.
 
“It is our God-given fundamental right, supported by declarations of human rights and our Constitution, and no one ought to rob us of it.”
2006/9/5

Intolerance - Lina Joy - pt.4

I found this the other day and wanted to share it with you.  It's more news about the Lina Joy case.  It's nothing really new, but it does provide a view of the lack of human rights in Malaysia.  I hope that when you read this and other articles on Lina Joy on my site, that you pass this message on to your friends and family...

Don't be fooled into thinking that Malaysia is a land of freedoms and paradise found.  The reality is that Non-Muslim Malaysians live in a state of constant subjugation and repression.  Those tourism videos that you see that paint Malaysia as an idyllic holiday destination, is nothing but propaganda, meant to hide the true evil of the malays that govern.  There is nothing "Truly Asia" about Malaysia.  The only thing it truly is, is oppressive.

 

April 15, 2006

Malaysia: Highest Court To Decide Powers Of Islamic Courts

We described in January the case of Lina Joy, a woman who was classified under Malaysia's bizarre religious profiling as a Muslim. She decided in 1998 to convert to Christianity, but found herself unable to legally call herself a Christian. She had been named Azlina Jailani, when she was a Muslim, but changed her name to Lina Joy when she converted.

She took the case to a Syariah Court (Sharia or Islamic court) but was told she could not become a Christian, as reported in NECF Malaysia and Religioscope. A pdf document on her case can be downloaded HERE. Her cases are described in a graphic, available by clicking HERE.

The problem for Lina Joy stems from a flaw in Malaysia's constitution, which in effect makes it impossible for anyone to convert out of Islam, and is in breach of acceptable standards on human rights. The flaw is created by Article 121 (1A) of the constitution, which was introduced as an amendment in 1988. This article declares that "civil courts have no jurisdiction on "any matter" which falls within the jurisdiction of the Syariah (Sharia, Islamic Law) courts.

Issues of conversion and apostasy are covered by the Syariah courts, and therefore, no court can challenge any decision made by Syariah courts. These courts are run by fanatical Muslims, who regard apostasy as something they refuse to endorse. In fact, no living person has ever been able to be declared a "convert" by their rulings.

The only person ever to be allowed to officially apostasise is Nyonya Tahir, aged 89 years, (pictured above), who had lived as a Buddhist for more than sixty years. During her lifetime, Nyonya had tried repeatedly to be allowed to call herself a Buddhist, but her requests had been refused. It was only after she died on January 19 that the Syariah courts relented, and following an appeal by her family, she was allowed to be buried as a Buddhist. Her request to be allowed to be identified as a Buddhist was something she was never able to see during her lifetime.

Disingenuously, Muhamad Burok, president of the Malaysian Syariah Lawyers Association stated after Nyonya's case: "It shows that our two court systems - the Civil Court and Syariah Court - can exist in harmony, so the issue that the Constitution should be amended does not arise. The decision shows that everyone can get protection from all the courts."

As well as having a constitutional article, which pushes all decisions into the hands of the extreme fanatics of the Syariah courts, the problems for converts are compounded by the Malaysian system of identity cards, which are issued to people from the age of 12 onwards. These state which religion a person follows. The body which authorises the cards is the National Registration Department, and any changes to a person's stated faith on one's cards must be dome with approval from the Syariah courts.

Lina Joy first applied to the National Registration Department to have her status as "Muslim" altered to "Christian" in February 1997. In August that year, she was told that she could not change her status, and that she was still a "Muslim", because she did not have the necessary permission from the Syariah courts. In 1998, she was allowed to change her name to Lina Joy, but could not change her official status as a "Muslim."

In 2001, when she made her first case to the Syariah courts, High Court Judge Datuk Faiza Tamby Chik told her "As a Malay, the plaintiff exists under the tenets of Islam until her death." Malays are automatically deemed to be Muslim, and the ruling is obviously racist. Judge Faiza stated that he could not make a ruling on the case, and the issue had to be dealt with by the Islamic courts. This is because of Article 121 (1A). Only Syariah courts can rule on issues of apostasy, marriage, divorce and inheritance. It also can rule on issues of burial.

In October 2004, Lina again took her case to the Court of Appeal once more, to try to have the name "Muslim" removed from her card.

With the Islamofascism rampant in Malaysia, Lina Joy cannot marry anyone outside her faith. And as her faith is officially "Muslim", she cannot marry a Christian under the law.

Malaysia pretends to be a moderate Muslim nation, propagating the concept of Islam Hadhari, or "progressive Islam". In practice, the case of Lina Joy and others proves that its version of Islam is totalitarian and inflexible. The 1988 amendment which created Article 121 (1A) is in total contradiction of other Articles in the constitution. Article 3(1) of the constitution states that 'other religions may be practiced in peace and harmony in any part of the Federation. Article 11 of the constitution guarantees Malaysian citizens the right to adopt the religion of their choice.

The issue of whether an Islamic court can make a ruling on a person who refuses to profess Islam is perhaps not even legal, as Malaysia's Constitution, Schedule IX, List II, limits the scope of the Syariah courts to "persons professing the religion of Islam."

Lina Joy had argued in 2001 that she did not "profess" Islam, and therefore was not subject to Islamic Law. Islamic law professor Shad Faruqi stated in the Straits Times on October 11, 2004 that "the requirement for official approval of conversions was a legal safeguard. Without it, Muslims could evade sharia law by leaving their faith whenever they were charged with a religious offense".

Now, according to a ruling made on Thursday (13 April) in relation to Lina Joy's case, there may be some hope on the horizon. Malaysia's highest court, the Federal Court, has agreed to take up the issue of whether those who renounce Islam are still to be subject to Islamic Court rulings. The news is carried by CBS News, from Associated Press sources, and carried by the Guardian and numerous other press outlets.

The decision of the court has stemmed directly from the case of Lina Joy, She is now 42, and has been wanting to marry a Christian for some time, but the Catch-22's of Malaysia's legal system have prevented her from marrying her sweetheart.

On Friday her lawyer, Benjamin Dawson, said: "This case should be viewed in the larger context of Islamization and the erosion of constitutional rights." He said that the constitution does not state that a person needs approval to convert out of Islam. He said that if a Shariah court did have that authority, it would never allow a Muslim to convert because it does not "believe that anyone can change from Islam."

That much is true. The case of Nyonya Tahir is the only time anyone has been allowed out of the clutches of Islam, as it is dictated by the Syariah courts. And Islamification of the country is a very real fear. In January, even a Senator, Kamaruddin Ambok, was hauled before the Islamic courts, for not divorcing his wife under the aegis of the Syariah Courts.

On December 22 last year, a controversial Islamic Family Law Bill was pushed through parliament. This law made it easier for a man to divorce his wife, and also to bring in extra wives in Islamic polygamy. It even allows a man to gain control of funds belonging to his wives and offspring if he is planning a new marriage or a divorce.

The Islamic courts have recently been on an offensive, attempting to set up vigilante snitch-squads, ready to inform on people caught kissing in parks, or breaking Islamic rules in other ways. The Federal Territory Islamic Department in Putrajaya state announced in January that it had formed a 75-member "Islamic Council Volunteer Squad" whose duty was to snoop on Muslim citizens and report their activity to the Islamic Department. The government moved to disband the vigilante squad.

As well as having federal law and Islamic law governing people's lives, there is also State Law. As we mentioned in March, many states have adopted a controversial Control and Restriction Bill, which allows fines of 10,000 ringit or $2,653 and terms of imprisonment for up to one year for anyone guilty of "persuading, influencing a Muslim to leave Islam for another religion."

The Law Minister in the Malaysian government, Mohamad Nazri Abdul Aziz, declared in March that for anyone who was non-Muslim and acted in too critical a manner by "belittling Islam", he would invoke the Sedition Act against them which can allow a person to be imprisoned for three years.

The rulings of the Syariah courts have led to heartache for those trapped under their fanaticism. The ethnic Malays, who constitute almost all of Malaysia's Muslims, constitute 60% of the population. Other minorities, such as Buddhists, Christians and Hindus, feel threatened by the increasing encroachment of Islamism into their lives. 30 Hindu groups have banded together to form the Hindu Rights Action Force (HRAF) to protect themselves against the effects of Sharia law on their lives. Many Hindus have been shocked by the Moorthy case.

The supreme authority of the Syariah courts over issues of burials led to a Hindu mountaineering hero, Manian Moorthy, being declared in his last weeks of life as a Muslim by a Syariah court, while he was in a coma. The court had been been told by an informant who claimed to be Lieutenant Corporal Moorthy's friend, that he had converted to Islam, and the Syariah court took this statement over that of his wife Kaliammal, who strenuously denied the allegation. When her husband died, she took her case to the High Court. Justice Mohamed Raus Sharif told her he had no power to alter a decision of the Syariah Court, and her husband was taken away and given Muslim burial rites.

The cases of those who are regarded as "heretics" against traditional forms of Islam are equally distressing for those involved. We reported in January on a lonely widow called Kamariah Ali, who has tried to apostasise from Islam for years, but has been consistently refused that right.

She was a member of the Sky Kingdom sect, and had renounced official Islam seven years ago. Her husband was also a member of the sect, whose charismatic leader, Ayah Pin, who declared Christians, Muslims and Buddhists are welcome to worship with his followers. Kamariah Ali's husband, Mohammed Ya, had been imprisoned for two years for "insulting Islam". He died shortly after he was released from jail.

On December 31, Kamariah, aged 54, went to the High Court, to fight her right to apostasise. Her case was reviewed by Justice Mohamed Raus Sharif, who ruled against Mrs Moorthy. Similarly, he said he had no legal powers to infringe the jurisdiction of the Shariah courts.

It is hoped that the Federal Court will once and for all make a ruling that allows people to "apostasise" or convert from Islam. Not to allow a person to do so is an infringement of basic human rights.

An appraisal of Malaysia's religious freedoms, or lack of them, was produced by US State Department's Bureau of Democracy, Human Rights, and Labor on November 8, 2005. It was written before the Islamic Family Law Bill was passed, and does not factor in recent ominous statements from the Law Minister from the ruling UMNO party. But it is revelatory nonetheless. Called the International Religious Freedom Report 2005, it can be found by clicking here.

2006/8/31

Lina Joy vs Islamic Religious Council of the Federal Territory

I found this link the other day that goes into detail about Lina Joy's case.  It's actually the judgement that was laid down by the Court of Appeal.  It's quite long, but I hope that you have the time to read it, as it goes a long way to explain the point of view of the presiding judges.
 
 
What is good about this document is that one of the judges actually agrees with Lina Joy's appeal to have the word "Islam" stricken from her NRIC.
"To sum up, this is a simple and straightforward case calling for the application of well settled principles of administrative law. It is a case where a public decision-maker misconstrued the relevant law and took into account extraneous considerations. The appellant is entitled to have an NRIC in which the word "Islam" does not appear. I would accordingly grant her a declaration in those terms and direct the Director General to forthwith comply with the terms of the said declaration."
However, it still remains to be seen if the islamic court (Syariah) will act on this judgement.  There's too much information to put down in this blog, but I would urge you to read the judgement and make up your own mind.
2006/8/30

Death threat against Malik Imtiaz Sarwar

Now it's getting ridiculous!  I guess the Malaysian muslims figure that violence solves everything.  Anyone remember May 13?  I hope it doesn't come to something like that again.
 
Malaysian Bar Council

No. 13, 15 & 17, Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Peti Surat 12478, 50780 Kuala Lumpur, Malaysia
Tel: 03-2031 3003 (Hunting Line)
Fax: 03-2034 2825, 2026 1313, 2072 5818
E-mail: council@malaysianbar.org.my
Website: http://www.malaysianbar.org.my

PRESS RELEASE
The Bar Council has learned that a poster calling for the death of a member of the Bar, Malik Imtiaz Sarwar is being widely distributed. This death threat is expressly linked to his holding a watching brief on behalf of the Malaysian Bar in the case of Lina Joy against the Majlis Agama Wilayah Persekutuan, the Government of Malaysia and the Director-General of the National Registration Department that is presently before the Federal Court. It is a fact that in holding the said watching brief, Malik Imtiaz Sarwar advanced the Bar Council's position on the legal issues pertaining to the case.

The Bar Council wholly and resolutely condemns the circulation and the contents of the said poster which is issued to intimidate, threaten and oppress a member of the Malaysian Bar in the discharge of his functions and role as a lawyer. Our justice system demands that parties be given the right to be heard, and justice is dispensed by the Courts having heard the parties. Hence, it is the duty of every Advocate & Solicitor to present and state his client's case without fear or favour, and it is under the protection of our Courts that an Advocate & Solicitor is able to freely and fairly advance his client's case, no matter how unpalatable or offensive his or her argument or version of facts may appear to any other party.

This attack on a member of the Malaysian Bar for taking up a certain position in Court for and on behalf of his client can only be described as shameful. In fact, this attack is not confined to an individual lawyer. It is also an assault against the fundamentals of our justice system.

In this regard, the Bar Council calls on the authorities to launch an immediate investigation to identify the party or parties responsible for this act. The individuals responsible need to be prosecuted to the full extent of the law. Malaysian society must react to show that there is no room for death threats or any similar acts of intimidation in our civilised society.

Dated 21 August 2006

Yeo Yang Poh
Chairman
Bar Council
2006/8/28

Intolerance - Lina Joy - pt.3

Love knows no boundary, and in the case of Lina Joy, I guess it also knows no religion.  I think it's wonderful how she pursues her heart and seeks to question the very foundation of islam in Malaysia.  The odds look like they're stacked against her, but at least she has the courage to see it through.

A Fuller Account of the Lina Joy Case
 
LINA JOY was on 8 January 1964 born, under Malaysian law, a Muslim and named Azalina bte Jailani by her parents who are Muslims of the Malay race, one of the three main races in Malaysia, the other two being Chinese and Indian. However she asserts that she had since 1990 renounced her Muslim faith and become a Christian, a profession of faith which she had subsequently publicly asserted through her undergoing the Christian rite of baptism on 11 May 1998.
 
Lina's problems started when she fell in love with a Christian boy and wanted to get married to him and start a family together.
 
As Lina then bore a Muslim name, the Civil Registry of Marriages did not permit her to register a Civil marriage as the Law Reform (Marriage and Divorce) Act 1976 expressly states that the "Act shall not apply to a Muslim or to any person who is married under Muslim law and no marriage of one of the parties which professes the religion of Islam shall be solemnised or registered under this Act" [Section 3(3)]. Lina therefore applied to the National Registration Department to have her name changed as she was no longer a Muslim.
 
After some initial difficulty the National Registration Department relented and permitted Lina to change her name. However, unknown to Lina the government had introduced a new regulation that required all new National Registration Identity Card (commonly referred to as the "MyKad") issued to contain a statement of the person's religion where such person is a Muslim. The MyKad issued to Lina stated that she was a Muslim. Her application to have the statement that she is a Muslim deleted from her MyKad was refused. The Registration Department insisted that Lina must obtain an order from the Syariah or Muslim Religious Court stating that she had become an apostate before the Registration Department would recognise her change of religion. Such a documentary requirement of change of religion is only applicable to those who assert that they were no longer Muslims but not where a person leaves any other religion.
 
Lina took the matter to the Civil Court seeking various declarations that would, as described in the majority decision of the Court of Appeal given by Dato' Abdul Aziz Mohamad JCA (see [2005] 6 MLJ 193 at 198), "be to uphold her contention and confirm her status as a Christian, so that, she hoped, her progress in life would no longer be hampered by any uncertainty as to her religion or by any claim that she is a Muslim" thus allowing her to register her intended
marriage at the Civil Registry of Marriages.

The court of first instance, the High Court, dismissed the plaintiff's application on 2 main grounds (see [2004] 2 MLJ 119). The first ground is that Lina's assertion of unfettered freedom to choose one's religion purportedly guaranteed by Article 11(1) of the Federal Constitution (which states, "Every person has the right to profess and practise his religion and, subject to Clause (4), to propagate it") is misconstrued in that it failed to take into account the special status of Islam and its being the main and dominant religion of the Federation and the imposition on the Federation of a positive duty to promote and to defend Islam as demonstrated by the references to Islam not only in Article 3 (1) (which states, "Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation") but throughout the Federal Constitution (such as in Articles 12 (2), 74 (2), 121 (1A) and 160). Further Lina had failed to take into account Article 160 (2) which defines a "Malay" to be "a person who professes the religion of Islam, habitually speaks the Malay language, conforms to Malay custom." and thereby precludes a Malay from converting out of Islam and a Malay therefore "remains in the Islamic faith until his or her dying days" (see [2004] 2 MLJ 119 at 143).
 
The second ground was that the Civil courts have no jurisdiction over the matter as the conversion of a person out of Islam is a religious matter which can only be dealt with by the Syariah or Muslim Religious Court by virtue of Article 121 (1A) (which states, "The courts referred to in Clause (1) [Civil courts] shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts").
 
Lina took the matter on appeal to the Court of Appeal.  A fully blown constitutional appeal was initially argued before the 3 man panel of the Court of Appeal but the argument was in time at the suggestion of the Court reduced to the directly relevant narrower issue of whether the Director General of National Registrations had erred, as a matter of administrative law, in requiring Lina to produce an order from the Syariah  or Muslim Religious Court stating that she had become an apostate before the Registration Department would recognise her change of religion in her MyKad. Lina's appeal was dismissed on a majority decision.
 
Under the law Lina has no automatic right of appeal to the highest court in the country, the Federal Court. Therefore an application has to be made for leave to bring an appeal before the Federal Court.
 
The application is to be made under Section 96 of the Courts of Judicature Act 1964 which has 2 limbs.
 
Under Section 96 (a), the preconditions are that there must be a question of general principle decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage. Further the applicant must show that it prima facie might succeed in the appeal.
 
Section 96 (b) on the other hand concerns "the effect of any provision of the Constitution including the validity of any written law relating to any such provision" and therefore the above pre-conditions do not apply.
 
Lina's application sets out a long list of questions we want to put before the court. These questions have been crafted to fall within Section 96(b).
 
If Lina fails to obtain the required leave to bring an appeal to the Federal Court, she will, so far as the law is concerned, be deemed to be a Muslim. This will mean that she cannot validly contract a Civil marriage and any child she gives birth to will not only be deemed to be illegitimate but also a Muslim notwithstanding her self declared religion or that of the child's father. Issues will arise as to whether Lina would be entitled to keep and raise such a child.
 
It will also mean that Lina will be subject to Syariah or Islamic laws of the country that varies from state to state and which laws and the Syariah or Religious Court's jurisdiction being dependant and operative is territorial. These laws include detention for rehabilitation of her faith, fines and imprisonment for attempting to become an apostate and fine and imprisonment for being an apostate.
 
Lina Joy's case is a human right's case. It is a constitutional law case. It is an administrative law case. But ultimately it is a case of a woman whose biological clock is ticking out while she is legally oppressed.
 
Update
=======
 The application for leave to appeal was eventually allowed, and the case was fully argued before a 3 man bench of the Federal Court.  We now await their decision.

2006/8/27

Muslim women who share a secret love

People need to take note of what is happening to these women.  Why is it they cannot have the freedom to practice a religion of their choice?  Are muslims in Malaysia so insecure about their faith that they feel they have to chastise all those who wish to renounce their religion?  Sad and pathetic.

Posted on 28/06/2006

Islam, rather than Western culture’s focus on sexual freedom, shapes day-to-day reality for a third of the world’s Anglicans. Malay women who convert to Christianity are forced to live a double-life. KATRIN ARNHOLZ spoke to one of them.

Under Kamariah’s* photo on her Malaysian identification card is her ethnicity. Right under that her gender, and to the left: Islam. But the 28-year-old woman with the angular eyeglasses and the broad smile is Christian. She belongs to the largest ethnic group in Malaysia—the Malays. According to the official census, Malays number 65 per cent of the population. In Malaysia, Kamariah says, a Malay is a Muslim by definition. “A Malay is a Muslim. Full stop,” she says. Few dare to go public if they convert to Christianity.

One man who has publicly converted is the well-known yachtsman, Azhar Mansor, who in 1999 sailed around the world in 190 days without the aid of an engine. The main mast of his yacht broke around Cape Horn. He managed, nevertheless, to reach the Faulkland Islands to repair the mast. What happened on the way between the cape and the islands is subject to speculation. The internet is full of questions by Muslims as to whether Mansor – who no longer lives in Malaysia – is really converted. And there is much discussion among Christians as well. Kamariah’s version is that Mansor, about to drown in the sea, was saved by a dolphin, and that Jesus appeared to him soon after.

Lina Joy did not intend to become famous when she requested officially to leave Islam in 2001. She succeeded in changing her name, Azlina Jailani, to Lina Joy, but the government’s National Registration Department refused to delete ‘Islam’ from her identification card. For such decisions, it is not the government departments that are responsible, but the Syariah Court – the court in Malaysia which supervises Muslims’ adherence to Islam. To the disadvantage of Lina Joy, the judge ruled, ‘As the plaintiff is a Malay, she is subjected to the laws of Islam until she dies’.

She has appealed the decision several times, and her latest appeal will appear soon before the High Court in Kuala Lumpur. Then it will be determined whether the Syariah Court has jurisdiction over those people who want to convert out of Islam. Article 11 (of the Malaysian Constitution) promises freedom of religion. “It is true for all the other faiths, but not for Muslims who want to leave Islam”, says Kamariah.

She and the 34-year-old Natasha* are the only ethnic Malays in the international church they visit. “Many Malay Christians hide themselves and meet secretly”, explains Kamariah. They are still registered as Muslims. In two months, Kamariah will start a business which plans weddings. But the business intends to do much more: it will also offer free pre-marital counselling. The counselling will be based on the principles of the Bible. Kamariah had to negotiate this plan with the relevant authorities - and the plan was approved.
The identification card of converted Muslims becomes a problem when they want to marry, because by Islamic law, a Muslim can only marry another Muslim.

“The only way to get legally married is to marry a Malay Christian who is also still on paper a Muslim”, says the young woman. “But then our children will also be Muslims on paper, and their children, and the circle is never broken. But if we want to change our identification cards, it won’t happen without problems.” The Syariah Court can decide to put me in prison”, explains Kamariah. Therefore she does not think now of marrying or of changing her identity card, and she lives – like most single adults in Malaysia – with her Muslim parents. They do not know that their daughter is a Christian. “Here I must be careful whom I confide in”, Kamariah says. “Some Malays are tolerant, but others would not hesitate to turn me in to the Syariah Court. If they didn’t turn me in, then others might think that they were cooperating to hide me – and that is not good at all in Islam.”

Kamariah became a Christian in 2000 after being in a two-year relationship with a Chinese Christian. “I was always envious; he had a relationship with his God. My God was far away, unattainable,” she remembers. “His prayers were answered. Mine were not.” So Kamariah decided one day to entrust her life to Jesus. Since then much has changed. Even though she does not speak with her parents about Christianity, she prays in her house. “Suddenly my mother took the Koran verses off the wall and instead hung up a picture of some flowers”, she says happily. One day, she hopes, she will not have to hide her faith any longer. “I wish that more Malay Christians would come out publicly and go to church and not meet secretly. That would be a break-through in our society.”

*Names have been changed

2006/8/26

Intolerance - Lina Joy - pt.2

The more I read about this, the more I despise what is going on in Malaysia.  It makes me sad to realise that I was born in this country.  I can't bring myself to feel patriotic in any way, knowing that there is such prejudice in a nation that is supposed to be "multicultural" and tolerant of all races and religions.  It's just pure hypocrisy.
 
MALAYSIA:
Apex Court to Decide If Muslims Can Convert
Baradan Kuppusamy

KUALA LUMPUR, Jul 12 (IPS) - Both Muslims and non-Muslims keenly await the verdict of Malaysia's Federal Court on one of the most contentious issues it has ever examined -- whether the country's secular constitution, which guarantees freedom of worship, allows ethnic Malays to renounce Islam.

The case, for which hearings were completed this month, is deceptively simple. Azalina Jailani, a Muslim woman, converted to Christianity in 1998 and changed her name to Lina Joy. But the national registration department, that issues compulsory identification cards to all Malaysians above 12 years, declined to remove the word "Islam" from her identity card.

The department demanded that Lina first produce a certificate from the Islamic Shariah court attesting that she was an apostate. But the Shariah court refused and now it has become a case which has pitted Muslims, who form 60 percent of the country's 26 million people against non-Muslims who form the rest and are mostly Hindus, Sikhs, Christians and Buddhists.

Converts like Lina live in fear because the punishment for apostates includes forced "rehabilitation", caning and imprisonment. The Quranic injunction of "death and damnation" for Muslims who help others renounce Islam is taken seriously, even by officials.

According to some estimates there are at least 15,000 Malay-Muslims who have converted to Christianity. Most converts are students who changed their faith while studying abroad or, like Lina, are married to people of other faiths and want the state to recognise the change for themselves and their families.

Lina's lawyers have argued that there is no provision in law for either the registration department or the Shariah court to demand or issue such a certificate.

She has been making the rounds of the courts since 1990 for redress after a lower court ruled: "As Malay, she exists under the tenets of Islam until her death." And now the case is in the hands of the apex court which has reserved judgment to a later date.

Lina has appealed the decision on the grounds that it contravened Malaysia's constitutional guarantee of religious freedom.

One of the many complications of the case is that the constitution defines ‘Malays' as those citizens who profess Islam, speak the national language and practice Malay culture. Constitutionally, therefore, when Malays renounce Islam they cease to be Malay and may have to forego privileges that are given to them by way of affirmative action.

Non-Muslims see the case as a watershed. If the apex court orders the national registration department to drop the word ‘Islam', it would be taken as an affirmation of the supremacy of the secular constitution over religion.

It would mean the highest court has affirmed that all the secular rights guaranteed in the constitution, especially Article 11 which guarantees the freedom of worship, as sacrosanct.

Many moderate Muslims agree with the majority of non-Muslims that the constitution is supreme. However, orthodox Muslims, mostly the powerful ulemas (clerics) disagree. They say the Quran is supreme and must take precedence over the secular constitution.

A victory, they believe, will attest to their argument that Malaysia is an Islamic state and that the government must give preference to Islam and its tenets over ‘man made' laws.

This case is important because the apex court's ruling is binding on all courts below it. It could help resolve several conflicting judgments at the lower courts over whether civil courts have jurisdiction to decide on Islam or matters concerning Islam.

Lower courts have consistently refused to touch any matters remotely involving Islam even if the litigants are non-Muslims.

A lower court, in 2001, had ruled that Lina Joy, now 42, being a Muslim, could not renounce Islam and that the Shariah court has jurisdiction over her. Clerics say the Quran demands death for apostates and therefore, a Shariah court will not grant permission for Lina to switch religion.

Nobody really knows how many apostates there are in the country but a senior Muslim cleric put the figure as highs as 250,000 while arguing for stern action to stop apostasy. This may be an exaggeration.

Apostates live in secrecy and are always fearful that they would be discovered and punished as what happened to 27-year-old Aishah (name changed). "I was caned, and forced to recant and released to a rehabilitation centre last year," Aishah told IPS. ‘'I am a Christian and remain so at heart although I pretend to be a Muslim sometimes.''

The stern punishment given to apostates belies the image of Malaysia as one of the world's most modern Muslim country. Alcohol is easily available and so is gambling -- albeit for non-Muslims only. Seedy bars, scantily clad women and an easy and relaxed atmosphere add to the Western, liberal ambience.

Increasingly, Islamic law is being used to punish Muslims for "crimes" such as consuming alcohol, gambling or holding hands. Unmarried couples found in cars or hotel rooms can be charged for ‘khalwat' or close proximity. Usually they are fined about RM 2,000 (547 US dollars) each.

The ascendancy of Islam has many Malaysians worried. ‘'This country was intended to be a secular state by the founding fathers. It has a secular constitution and the people enjoy certain fundamental secular rights like freedom of religion," said civil rights lawyer Haris Mohamed Ibrahim, a Muslim himself.

"But that foundation is being eroded and has come under attack," he told IPS. "Apostasy is not new but it is now in the forefront because of the growing Islamisation of this secular country."

Some groups, including the opposition Pan Malaysian Islamic Party or PAS want apostasy to be punishable by death, and are looking at the verdict on Lina Joy's case for direction.

Shariah, or Islamic law, now applies to Muslims across the country, with variations from state to state. Activists worry about the expanding reach of the Shariah courts at the expense of the civil justice system.

"There is great concern now that Islam is gaining such power to affect our personal rights. We should have shouted in outrage before," said a prominent Muslim lawyer who declined to be named.

"It is too late now. We are sliding down the fundamentalism path --there is no stopping it," he told IPS, describing as "feeble" the attempts by human rights activists and Muslim liberals to safeguard the secular constitution and stop the growing intrusion of Islam into their private lives.
Both sides of the divide are looking forward to the judgement to give credence to their views, though its delivery may not stop the debate from going on. (END/2006)
2006/8/25

Intolerance - Lina Joy - pt.1

Today's news comes from a press release that was sent to me regarding intolerance in Malaysia.  The current state of affairs in Malaysia regarding the renouncing of islam is so bad that I urge anybody who is thinking of migrating away from Malaysia to do so immediately.  You wouldn't want to live in a country that is so close-minded anyway!
 
This is the story of Lina Joy...
 

Thursday, April 13, 2006

Woman can appeal against NRD's refusal to remove 'Islam' on her NRIC

R. Surenthira Kumar
The Sun


The Federal Court today (April 13, 2006) granted a woman's application for leave to appeal against the National Registration Department's (NRD) decision to reject her application to remove the word "Islam" from her identity card.

The three-man bench of Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim, Justice Datuk Richard Malanjum and Justice Datuk Augustine Paul was unanimous in its decision.

Ahmad Fairuz said the principal issue in this case is a matter of general principle on which there has been no decision by the Federal Court.

"It is also a matter of public importance of which further argument followed by a decision of this court would be to the public advantage," he said.

Following the decision, the Federal Court will now hear and decide which court - Syariah or civil - will have jurisdiction to decide on the religion of a Muslim who renounces Islam as his or her religion and seek to rectify the status on his or her identity card with the NRD.

Lina Joy, 42, is appealing against the Court of Appeal decision which upheld the High Court's ruling on April 18, 2001, that being a Muslim, she could not renounce Islam, and that the issue should be decided by the Syariah court.

Lina, whose birth name was Azlina Jelani, had filed a suit against the Federal Territory of Kuala Lumpur Islamic Religious Council, the director-general of the NRD, and the government after her application to remove the word "Islam" from her identity card was turned down by the NRD.

She is also seeking a declaration that she is free to practise the religion of her choice as enshrined in the Federal Constitution.

Ahmad Fairuz said the granting of the application for leave to appeal was based on the following factors:

whether the NRD is entitled in law to impose a requirement for deleting the entry of "Islam" in the applicant's identity card, that she produce a certificate or a declaration or an order from the Syariah court that she has apostatised.

whether the NRD has correctly construed its powers under the National Registration Regulations to impose the registration as stated above when it is not expressly provided for in the registration.

whether the Soong Singh case was rightly decided when it adopted the implied jurisdiction theory propounded in the Ng Wan Chen v Md Hakim Lee case, which declared that unless an express jurisdiction is conferred on the Syariah court the civil courts will retain their jurisdiction.

Lina's lawyer, Datuk Dr V. Cyrus Das, told the court that besides the above reasons, the NRD's decision to deny her application was erroneous and defied logic.

He said it is the Federal Territory of Kuala Lumpur Islamic Religious Council which should decide on Lina's religious status and not the Syariah court.

"You cannot tell her to go and try to obtain the certificate from the Syariah court as she has contended that she is not a Muslim to approach the Syariah court," Das said.

Senior Federal Counsel Datuk Umi Kalthum Abdul Majid submitted that it was the Syariah court that had the inherent jurisdiction to grant a declaration that Lina had renounced Islam as provided for under the Federal Territory of Kuala Lumpur Islamic Administration Act.

She said the NRD was unable to approve Lina's application because it did not have the jurisdiction.

Umi Kalthum said the jurisdiction to determine her apostasy status is exclusively that of the Syariah court or any other islamic authority.
 
2006/6/7

Piping works in Sabah, Malaysia...

There was a recent find after some piping works in Sabah, Malaysia.  The workers found a crocodile and this was what they discovered...