Lina Joy has been disowned by her family, shunned by friends and forced into hiding — all because she renounced Islam and embraced Christianity in Muslim-majority Malaysia.
Now, after a seven-year legal struggle, Malaysia’s highest court will decide on Wednesday whether her constitutional right to choose her religion overrides an Islamic law that prohibits Malay Muslims from leaving Islam.
Either way, the verdict will have profound implications on society in a country where Islam is increasingly conflicting with minority religions, challenging Malaysia’s reputation as a moderate Muslim and multicultural nation that guarantees freedom of worship.
Joy’s case began in 1998 when, after converting, she applied for a name change on her government identity card. The National Registration Department obliged but refused to drop Muslim from the religion column.
She appealed the decision to a civil court but was told she must take it to Islamic Shariah courts. But Joy, 42, has argued that she should not be bound by Shariah law because she is a Christian.
Subsequent appeals all ruled that the Shariah court should decide the case until it reached the highest court, the Federal Court, which will make the final decision on whether Muslims who renounce their faith must still answer to the country’s Islamic courts.
….But the constitution does not say who has the final say in cases such as Joy’s when Islam confronts Christianity, Hinduism, Buddhism or other religions.
If Joy loses her appeal and continues to insist she is a Christian, it could lead to charges of apostasy and a possible jail sentence.
“Our country is at a crossroad,” Joy’s lawyer, Benjamin Dawson, told The Associated Press. “Are we evolving into an Islamic state or are we going to maintain the secular character of the constitution?”
…The situation was muddied further with the constitution describing Malaysia as a secular state but recognizing Islam as the official religion.
Joy’s case “will decide the space of religious freedom in Malaysia,” said Dawson. If she wins, “it means that the constitutionally guaranteed right of freedom of religion prevails. If she loses, that means the constitutional guarantee is subservient to Islamic restrictions,” he said.
Joy’s decision to leave Islam sparked angry street protests by Muslim groups and led to e-mail death threats against Malik Imtiaz Sarwar, a Muslim lawyer supporting her. The widely circulated anonymous e-mail described him as a “traitor” to Islam and carried his picture with the caption “Wanted Dead.”
….Muslim groups, however, say Joy is questioning the position of Islam by taking the case to the civil courts.
“It is not about one person, it is about challenging the Islamic system in Malaysia,” said Muslim Youth Movement President Yusri Mohammad, who set up a coalition of 80 Islamic groups to oppose Joy’s case.
“By doing this openly, she is encouraging others to do the same. It may open the floodgates to other Muslims because once it is a precedent, it becomes an option.”
If Joy wins her case, he warned, it could rend Malaysia’s multiracial fabric by fomenting Muslim anger against minorities, who have largely lived in peace with Malays. There has been no racial violence in the country since the May 1969 Malay-Chinese riots that killed dozens.
Dawson said several apostasy cases are on hold in the civil courts, pending a verdict in Joy’s case.
“Both the man in the street and lawyers want to know once and for all how to draw the line between civil and Shariah courts — whether Muslims can convert and if yes, what are the procedures,” he said.
Source: Boston Globe
Malaysia’s half-century of independence overshadowed by race tensions