Putrajaya, Malaysia - The Court of Appeal here Monday dismissed the appeal by a woman who filed an originating summons to delete the word 'Islam' from her identity card and claimed that she is free to practise the religion of her choice.
The majority 2-1 decision was read by Justice Datuk Gopal Sri Ram.
Justice Sri Ram made the decision together with Justice Datuk Abdul Aziz Mohamad and Datuk Arifin Zakaria.
Justice Abdul Aziz and Justice Arifin in a unanimous decision ruled that the Director-General of the National Registration Department (NRD) was right not to allow the application brought by Lina Joy, whose original name is Azlina Jailani to delete the word 'Islam' from her identity card on the grounds that her renunciation of Islam was not confirmed by the Syariah Court or any other Islamic religious authority.
"The NRD acted perfectly, prudently and rationally in a matter of such sensitivity and importance," said Justice Abdul Aziz in his judgment read by Justice Sri Ram.
In dissenting the decision, Justice Sri Ram said that the NRD's decision in refusing to effect the amendment to Lina's identity card without an order/certificate of the Syariah Court is null and void and of no effect.
"I would accordingly grant her (Lina) a declaration in those terms and direct the DG to forthwith comply with the terms of the said declaration," said Justice Sri Ram.
Lina, 41, is appealing against the High Court's rejection of her application to delete the word 'Islam' from her identity card.
Justice Datuk Faiza Thambi Chik, in rejecting her application, held that as a Malay, she could not renounce Islam.
In his judgment on April 23 2001, the judge also refused to decide on Lina's wish to renounce Islam on the grounds that the issue should be decided by the Syariah Court.
In the suit, Lina named the Federal Territory Islamic Affairs Council and the Malaysian government as respondents.
On Dec 13 last year, the Court of Appeal directed that NRD DG Datuk Wan Ibrahim Wan Ahmad be included as a party in the suit.
On Feb 2 1997, Lina made an application to the NRD to change her name on the grounds that she no longer professed Islam and had accepted the Christian faith.
The application was rejected by the NRD on Aug 11 1997.
She then made a second application to the NRD to change her name to Lina Joy and the application was approved, and the NRD requested her to apply for a new IC.
She submitted the application for the new IC, and on November 1999, she was issued a new IC with the name of Lina Joy and the word 'Islam' was stated.
On March 11 2000, Lina applied to the NRD to delete the word 'Islam' from the new IC but her application was turned down on the grounds that she was required to produce a certificate or an order from the Syariah Court or any Islamic authority.
Her counsel, Datuk Dr C.V. Das, when asked by reporters later said that he would appeal against the decision.