Malaysia Muslim-turned-Christian Sues Government

refusal to remove her Muslim status from her identity card, BosNewsLife monitored Thursday April 27.

The April 13 ruling came after lower courts – the High Court and the Court of Appeal – repeatedly dismissed the application of the woman, Lina Joy, reported Christian news agency Compass Direct.

At issue was whether Islamic courts have the sole right to handle cases of Muslims who leave their religion. Malaysian lawyers have reportedly said that Muslim, or ‘Sharia’, courts never allowed a Malaysian Muslim to convert to another religion. Conversion out of Islam can be punishable by fine or imprisonment under Malaysian law.

Joy, previously known as Azlina binti Jailani, became a Christian in 1990 and was baptized in 1998, Compass Direct said.

MULTIPLE APPLICATIONS

Since 1997, Joy submitted multiple applications to the National Registration Department (NRD) to change her name to reflect her new-found faith. Her application for a name change was approved on October 22, 1999, and she was issued a new identity card the following month.

Her new identity card, however, stated that she was a Muslim according to a new regulation that came into force on October 1, 1999 requiring all Muslims to be declared as such on their identity cards.

The NRD apparently refused to change her religious status and insisted that Joy obtain an order from the Sharia court stating that she had become an apostate.

“People who say they are not Muslims or no longer Muslims generally do not wish to get their ‘exit certificates’ from the Sharia court,” argued Lee Min Choon, chairman of the National Evangelical Christian Fellowship’s Religious Liberty Commission, in published remarks.

LEGAL STAND

The Sharia court has jurisdiction over Muslims only. Submitting to the Sharia court “will undermine or will be inconsistent with the legal stand which [these converts] take,” he explained.

Accounting for 58 percent of Malaysia’s population, Muslims are governed by Sharia courts on civil and family matters. Christians make up just slightly more than 9 percent of the population, according to Christian estimates.

Leaving Islam can impact private lives. For example, with a Muslim ID card Joy can only marry a Muslim, and any children would also be regarded as Muslims under the law. In the affidavit supporting her right to appeal to the Federal Court, Joy said she is “at present not able to contract a marriage under the Law Reform (Marriage and Divorce) Act 1976,” as this applies to non-Muslims only.

Converts out of Islam automatically lose custody of their children to their Muslim spouses. Further difficulties arise in the event of death as converts are officially regarded as Muslims and given Muslim burials while their property is distributed according to Islamic law, Compass Direct reported. Even if they leave a will, it can only apply to one third of their property, experts say.

SECRET GATHERINGS

Former Muslims who became Christians are therefore worshipping in secret to avoid persecution, rights watchers say. They are apparently pressured to perform religious duties such as attending Friday prayers at the mosque and fasting during the Muslim month of Ramadan. If they are found to violate any of the Islamic laws, they can be fined, whipped, detained or imprisoned.

Several converts are known to have lost their jobs, while Christian women have been kidnapped as part of an effort to force them to give up their Christian faith, rights groups say.    

Malaysian authorities have not reacted to the latest claims. (With BosNewsLife Research and reports from Malaysia).