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Damian S. L. Yeo & L. C. Goh (DSLY)
No. 2007, Lorong Sidang Omar, off Jalan Penghulu Abbas, Bukit Baru, Hang Tuah Jaya, 75100 Melaka

Tel : 06-2347011
& 06-2347012
Fax: 06-2347022

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Wednesday, May 30, 2007

Decision of Lina Joy

11.47am: Justice Alauddin Mohd Sheriff said he agrees with Fairuz's judgment. (2-1)

11.45am Richard Malanjum allows Lina's appeal. (1-1)

11.32am - Justice Malanjum appears to be delivering the only dissenting judgment of the Federal Court. (1-0)

11.13am: Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim who has just finished reading his judgment said he is with the majority when he dismissed Lina Joy's appeal against the majority decision of the Court of Appeal delivered on September 19, 2005

It is like the Final of the Champion's League between AC Milan v Liverpool. The score is 2-1 to AC MIlan. It was a very tense match so also is the decision of Lina Joy. Lina's appeal was dismissed with cost. Indeed a sad day for freedom of religion and Art 11 of the Constitution. Fortunately or unfortunately, there are another three different set of cases to go. All of different facts involving Hindu women where their husbands (whether dead or alive) converted and it involve Children.

The Federal Court has given it's decision, my views are two folds

First, the decision gives no avenue for an aggrieved party who wants to convert out of the religion. Going to the Syariah courts is definitely a NAY this is seen in Revathi's case where the bailiff immediately surrendered her to the religious organisation so that she will be 'rehabilitated' whether forcefully or not. People who becomes an apostates undermine the Islamic Religion so says them (Islamic organisation such as Badai). I believe the judges does not intend to rock the boat and is afraid that there will be bloodshed and riots in the country.

Second, there may be a possible exoneration of syariah laws and principles in due time. This was seen by the argument put forth by Sulaiman Abdullah who represented the Islamic religious authority, and state that Article 121(1A) actually exonerate the Syariah High Court, meaning Malaysia for the first time base on this decision, will have 2 legal systems i.e.Syariah and Civil laws. There will be an interpretation by other that this ruling undermines the secular state of our constitution which was promulgated and drafted by the Reid Commission after getting responds from all people in this land in 1957 and the Malaysia Act (that welcome Sabah and Sarawak into Malaysia in September 1964).

This was an argument raised by Malik Imtiaz who holds a watching brief for the Bar Council, says that this cannot be done because it will infringe the Constitution if we have of a dual system. He felt that the syariah Court in our country is an inferior court like an administrative tribunal compared to the Pakistan's Constitution which declares the Islamic state of Pakistan and Pakistan adopts literally the Syariah Laws. Nothing mention in our Constitution that Malaysia is an Islamic state. You either choose Islamic State or the secular State under the Constitution. Meaning Parliament may or must amend the constitution to declare an Islamic State for Malaysia. This is something I fear most but I don't think (I may be wrong) the government of the day will do it.

2 comments:

Guardian said...

How on Gods' green earth (and i don't mean Allah) is Lina Joy going to convince the self righteous, we know better than you shariah court judges that she wants OUT from the religion of 'peace'? Words cannot explain the absurdity of the Malaysian judicial system. Don't you Muslim MORONS get it? Religion is personal! It's between you and God. If Lina chooses NOT to believe the Quran, thats up to HER! The Muslims are always saying don't insult Islam or else..What about them (Muslims) insulting Christianity? They say Jesus was a prophet, but we the Christians say he is the Son of God. Did we not have this belief at least six hundred years before Islam? Muslims need to grow up and realise that this is not 600A.D. The West must also realise that there is NO such thing as Radical Islam, it's Just Islam plain and simple..Wake up before it's too late...

Damian Yeo Shen Li said...

I'm a bit sad on the procedural aspects on syariah.... what happen if Lina goes to syariah to declare that she is an apostate? The one thing I know is immediately the syariah court will declare that she will be sent for rehabilitation.... that would mean her freedom will be at stake? So the only way is through the civil courts. Very unfortunate.