Kuala Lumpur, Malaysia - Seven years after she converted to Christianity, a Malaysian woman is still waiting for a definitive verdict from Malaysia’s High Court on her right to remove the word “Islam” from her identity card.
Under Malaysian law, citizens over the age of 12 must carry an identity card with them at all times. In addition, all identity cards issued to Muslims must clearly display their religious identity.
Senior federal counsel Umi Kalthum Abdul Majid said in the latest hearing on March 7 that Ms. Lina Joy abused the legal system by turning to the National Registration Department (NRD) instead of the sharia court to change the religious status on her identity card.
In 1998, Azlina Jailani, as she was then known, applied to the NRD to have her name changed to Lina Joy to reflect her recent conversion to Christianity. In Malaysia, names are linked to religion, so a person with a Muslim name is automatically assumed to be of the Muslim faith.
The NRD granted permission for the name change, but refused to remove the religious classification “Islam” from her identity card.
Malays Defined as Muslims in Constitution
In the hearing on March 7, Judge Datuk Cyrus Das, representing Lina Joy, said it was illogical to change a person’s name but not their religious identity following conversion.
However, NRD Director-General Datuk Wan Ibrahim said Lina’s application was rejected because she had not submitted documents from a sharia court approving her conversion.
Lina Joy has fought a long legal battle to have her conversion recognized. After approaching the NRD in 1998, she appealed its decision to the High Court. In April 2001, High Court Judge Datuk Faiza Tamby Chik ruled that Lina Joy could not change her religious identity because ethnic Malays were defined as Muslims under the constitution.
“As a Malay, the plaintiff exists under the tenets of Islam until her death,” the judge told reporters from the Berita Harian newspaper.
He also said jurisdiction in such cases lay solely in the hands of the sharia court.
Legal Right to Practice Own Religion
Lina Joy appealed against the High Court decision on the grounds that it contravened Article 11(1) of Malaysia’s constitution, which states that every person has the right to profess and practice his own religion.
The Court of Appeal heard the case on October 13, 2004. In December, the court ruled that the director-general of the NRD and High Court Judge Datuk Gopal Sri Ram must give a legal rationale for their decisions by mid February 2005.
Lina Joy’s counsel, Judge Cyrus Das, argued on March 7 that the NRD could not legally require her to produce a certificate from the sharia court. Lina Joy has repeatedly argued that, as a Christian convert, she should not be subject to sharia law.
Islamic law professor Shad Faruqi disagrees, saying the requirement for official approval of conversions is a legal safeguard. Without it, Muslims could evade sharia law by leaving their faith whenever they were charged with a religious offense.
At press time, judges were still considering a final verdict on Lina Joy’s case, leaving her in religious limbo.
Lina Joy’s story highlights the need for Malaysia to set clearer ground rules on religious conversions. Both civil and sharia courts are reluctant to handle these cases because of the controversy involved.
Options for Settling Religious Disputes
In late February, representatives of all major religions in Malaysia suggested the establishment of an interfaith arbitration panel to settle religious disputes.
Prime Minister Datuk Seri Abdullah Badawi immediately expressed misgivings. “Don’t start any issue that can arouse uneasiness among multi-religious Malaysians,” he told reporters from the Straits Times on February 28.
Abdullah said an in-depth study of religions in Malaysia would be a better option, as it might create greater understanding between religious groups.
Nevertheless, the prime minister will receive a draft bill regarding the interfaith panel, according to the Straits Times.
Many Muslims are opposed to the panel, fearing it might undermine the privileged position given to their faith in Malaysia and make it easier for converts such as Lina Joy to change their religious status.