Observers: Court has snubbed religious freedom
A decision by Federal Court today failed to address concerns over religious freedom in the country and sparked calls for constitutional reform, observers said.
A decision by Federal Court today failed to address concerns over religious freedom in the country and sparked calls for constitutional reform, observers said.
In a 2-1 decision, a panel of the Federal Court rejected a woman's bid to be legally recognised as Christian after converting from Islam, saying the matter must be decided by a religious syariah court.
Lina Joy, 43, had sought to have the word "Islam" removed from her national identity card.
"The fact that there is a minority judgment, a strong dissenting judgment, only indicates the need to re-address the issue," said lawyer and activist Malik Imtiaz Sarwar.
A DAP member of parliament Teresa Kok, said the verdict "is a setback against religious freedom in Malaysia."
She called for a constitutional amendment that would make explicit the civil courts' superiority over syariah courts in all matters.
"Something needs to be done," said Lennard Teoh, a lawyer who monitored the case for various human rights groups.
"People like Lina Joy should not be trapped in a legal cage, not being able to come out to practise their true conscience and religion."
Teoh said he would take up the matter with government officials.
Justice served, justice denied
Sisters in Islam, a rights group for Muslim women, said it was disappointed the constitution had not been upheld.
"For us, the dissenting judgement is significant," said the group's executive director, Zainah Anwar.
"The Federal Court, the apex court of the country, is divided over this issue, as the country is divided on this issue," she said.
But Yusri Mohamad, representing a coalition of Muslim groups, said justice had been served by the verdict.
"We believe that this decision is a relief for the majority of both Muslims and non-Muslims alike in Malaysia," Yusri said. "This decision should not be perceived as a victory for Muslims and a loss to non-Muslims."

