Tuesday September 20, 2005
Appeal to delete ‘Islam’ from IC rejected
PUTRAJAYA: The Court of Appeal dismissed an appeal by a woman who filed an originating summons to delete the word “Islam” from her identity card and claimed she is free to practise the religion of her choice.
The majority decision was read by Justice Datuk Gopal Sri Ram who sat with Datuk Abdul Aziz Mohamad and Datuk Arifin Zakaria.
Justice Abdul Aziz and Justice Arifin ruled that the Director-General of the National Registration Department (NRD) was right in not allowing the application brought by Lina Joy, whose original name was Azlina Jailani.
She wanted to delete the word “Islam” from her identity card on the grounds that the syariah court and other Islamic religious authorities did not confirm her renunciation of Islam.
“The NRD acted perfectly, prudently and rationally in a matter of such sensitivity and importance,” said Justice Abdul Aziz.
Justice Sri Ram, who voiced his dissent, said the NRD’s refusal to make the amendment in Lina’s identity card without an order or certificate from the syariah court was null and void and of no effect.
“I would accordingly grant her a declaration in those terms and direct the director-general to comply with the terms of the declaration,” he said.
Lina, 41, is appealing against the High Court’s rejection of her application.
Justice Datuk Faiza Thambi Chik had held that as Lina was a Malay, she could not renounce Islam.
In his judgment on April 23, 2001, he also refused to decide on Lina’s wish to renounce Islam on the grounds that the issue should be decided by the syariah court.
In the suit, Lina named the Federal Territory Islamic Affairs Council and the Government as respondents.
On Dec 13 last year, the Court of Appeal directed that NRD Director-General Datuk Wan Ibrahim Wan Ahmad be included as a party in the suit.
On Feb 2, 1997, Lina applied to the NRD to change her name on the grounds that she no longer professed Islam and had accepted the Christian faith.
The application was rejected by the NRD on Aug 11, 1997. – Bernama
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