Wednesday July 5, 2006

Counsel: Islam can’t be renounced at will

PUTRAJAYA: Lina Joy cannot become an apostate at will as she is subjected to the dual legal system, namely the civil courts and the Syariah Courts as well as the Syariah laws practised in this country.

Senior Federal Counsel Datuk Umi Kalthum Abd Majid, who appeared for the Government and the NRD director-general, said this was because Lina is still a Muslim, unlike a non-Muslim who is only subjected to the civil courts.

“The issue of renunciation is a matter pertaining to the akidah (faith) of a Muslim transgressed into the realism of the Syariah Law, which needs serious consideration and proper interpretation of such laws,” she said.

“As such, only the Syariah Court and/or bodies are qualified to make such a determination.”

Umi added that a proper determination of the status of the purported renunciation of Islam by Lina, being a Muslim, is important as the determination will take her out of the application of the Syariah Laws and out of the jurisdiction of the Syariah Courts.

She said there was no relevance to make references to Article 11(1) of the Federal Constitution, as Lina was not prohibited from renouncing her religion.

“The issue here is that, in order to renounce Islam, she must go to the proper channels as provided by law and she cannot renounce her religion, Islam, at will,” she said.

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