Saturday, May 26, 2007

Lina Joy Decision on 30 May

The Federal Court will deliver its decision on the Lina Joy case on Wednesday, 30 May, according to a reliable source, info provided by Malaysian Bar.

The Web Reporter has learnt that the solicitors involved have also been officially informed. The Federal Court's judgment will deal with Lina's appeal against the majority decision of the Court of Appeal on 19 September 2005 dismissing her application to delete the word "Islam" from her identity card.

Lina, 42, who was named Azlina Jailani decided at the age of 26 to become a Christian. In 1999, she managed to change the name in her identity card to Lina Joy but her religion remained stated as Islam. As a result, Lina contended that she could not contract a legitimate marriage with her non-Muslim boyfriend.

In July last year, the Federal Court comprising Ahmad Fairuz and Justices Richard Malanjum and Alauddin Mohd Sheriff heard submissions from the parties on the following questions which leave was earlier granted last April by Ahmad Fairuz and Justices Richard Malanjum and S. Augustine Paul:-
* whether she needed to prove apostasy on her part before the word "Islam'' could be deleted from her IC;
* whether National Registration Department had correctly construed its powers to impose the requirement on Lina when it was not expressly provided for under National Registration Regulations; and
* whether the Syariah Court is the sole authority to decide on the issue of conversion out of Islam.

My personal take - it will be a politically pressured decision. The government cannot afford such case to prevail in an Islamic country. Religious parties will protest like mad as well. We'll see.
Tags: Lina Joy, Azlina Jailani, Federal Court, Islam, Religious, Syariah Court, Christian, Malaysian Bar



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