Faith freedom has been trampled on. Article 11 of the Federal Constitution states that every person has the right to profess and practice his religion is not respected or adhered to. Rukunegara that I have almost religiously recite since my schooling time is no more relevant. I have been betrayed.
The Five Principles of Nationhood or Rukunegara was formulated after the racial riots of May 13, 1969, in an attempt to base the national philosophy on unity and progressiveness (as a whole), whereby concepts which are universal and acceptable to all Malaysian citizens, regardless of ethnic origin or religious affiliation, were adopted as the ideology of the country.
The principles enshrined in the Rukunegara were officially introduced on Aug 31, 1970, in the hopes that it would strengthen national unity in Malaysia’s multicultural society. The declaration of the five principles has been formulated as follows:
Our nation, Malaysia is dedicated to:
- Achieving a greater unity for all her peoples;
- Maintaining a democratic way of life;
- Creating a just society in which the wealth of the nation shall be equitably distributed;
- Ensuring a liberal approach to her rich and diverse cultural traditions; and
- Building a progressive society which shall be orientated to modern science and technology.
We, her peoples, pledge our united efforts to attain these ends guided by these principles:
- Kepercayaan kepada
Tuhan Allah (Belief in God Allah)
- Kesetiaan kepada Raja dan Negara (Loyalty to King and Country)
Keluhuran Perlembagaan (Supremacy of the Constitution)Kedaulatan Undang-undang (Rule of Law)Kesopanan dan Kesusilaan (Mutual Respect and Morality)
Lina Joy appeal was a historic one with legal and social repercussions yet to be seen with the decision going against her. The findings made by the courts is inconsistent at best.
Lina Joy is a Malay convert from Islam to Christianity. Born Azlina Jailani in 1963 or 1964 to Muslim parents, she converted at age 26. In 1998, she was baptised, and applied to have her conversion legally recognised by the Malaysian courts. Though her change of name was recognised in 1999 and so noted on her identity card, her change of religion was not (since it is without the Mahkamah Syariah confirmation document); for this reason, she filed suit with the High Court in 1999, by passing Syariah Court (Islamic court), and then with the Federal Court in 2006. Joy hopes to live openly as a Christian; she was forced to go into hiding by the publicity surrounding her case.
In a majority verdict delivered on the May 30, 2007, the Federal Court rejected her appeal. Her appeal was dismissed 2-1 by Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim and Datuk Alauddin Mohd Sheriff; the dissenting Chief Judge of Sabah and Sarawak Datuk Richard Malanjum wrote that “Hence, in my view this is tantamount to unequal treatment under the law. In other words it is discriminatory and unconstitutional and should therefore be struck down. For this reason alone, the relief sought for by the appellant should be granted, namely for a declaration that she is entitled to have an identity card in which the word ‘Islam’ does not appear.”
Legal recognition would have allowed her to have the change of religion noted on her national identity card; it will also remove the barrier to her marrying her Christian fiance (marriage between Muslims and non-Muslims is forbidden under Malaysian law; typically, the non-Muslim partner is required to convert to Islam). At the moment, Syariah Court alone have the power to deal of Islamic issues, including conversion of religion to and from Islam, which is not something unknown. According to Muslim Lawyers Association spokesman Pawanchek Merican, “..In Negeri Sembilan, the syariah court allow 16 people to renounce Islam ….”.
It had been hoped that Joy’s case would ultimately determine whether Malaysian Muslims can circumvent Syariah Court, and it had become a rallying cause for interfaith, women’s rights, and civil rights groups in Malaysia. According to a senior official in the National Registration Department, for the NRD to change the religion on her identity card would mean that the department would be officially declaring her an apostate, which falls under the jurisdiction of the Syariah Court. The jurisdiction of the Syariah Court over converts from Islam to other religions has been hotly debated by the Malaysian public in the past few years, with this and other court cases involving converts closely followed by the media. Joy is not the first person to apply for recognition of conversion from Islam; another woman named only as “Maria” by the BBC is also pursuing a similar case. Furthermore, in 2006, Malaysian courts granted recognition for the 1936 conversion from Islam to Buddhism of Nyonya Tahir; however, Tahir was deceased by that time.
Miserable and Irritatable