http://thestar.com.my/news/story.asp?file=/2006/7/4/nation/14732476&sec=nation
The Malaysian Bar Council also highlights this case very prominently as they have always supported similar cases whenever one comes up. You can check their posting here.
As expected, the International Christian Response are following the news about this case very closely as you can read in their site here.
Cases like these tend to go crash against the brickwall of the Laws and Regulations of the nation.
My fellow blogger and Online Mujahidin Mohd.Elfie Nieshaem Juferi @ MENJ has written a book on the Apostates problem. It's titled 'When Apostates become Shaykhs'. You can access his book at http://books.menj.org/apostates
I am not a legal eagle but as a person who reads a lot , I do refer to such things as the Constitution of Malaysia whenever the need arises.
This is just the regional Malaysian Mankind's constitution which at times runs contrary to Allah the Almighty's Constitution for all humanbeings which is the Holy Qur'an that supercedes each and every law created by man.
An important part of the Malaysian Constitution is referred to:
Article 11 Clause 4 of the Malaysian Constitution states clearly that :
11
(1) Every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.
(2) No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3) Every religious group has the right -
(a) to manage its own religious affairs;
(b) to establish and maintain institutions for religious or charitable purposes; and
(c) to acquire and own property and hold and administer it in accordance with law.
(4) State law and in respect of the Federal Territories of Kuala Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.
(5) This Article does not authorize any act contrary to any general law relating to public order, public health or morality.
12
(1) Without prejudice to the generality of Article 8, there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth -
(a) in the administration of any educational institution maintained by a public authority, and, in particular, the admission of pupils or students or the payment of fees; or
(b) in providing out of the funds of a public authority financial aid for the maintenance or education of pupils or students in any educational institution (whether or not maintained by a public authority and whether within or outside the Federation).
(2) Every religious group has the right to establish and maintain institutions for the education of children in its own religion, and there shall be no discrimination on the ground only of religion in any law relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide or assist in providing instruction in the religion of Islam and incur such expenditure as may be necessary for the purpose.
(3) No person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own.
(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.
~~~~~~
All the above has been sourced from : http://www.helplinelaw.com/law/constitution/malaysia/malaysia01.php
From the Surah At Tauba Verse 109, Al Qur'an Al Kareem
9:107 AND [there are hypocrites] who have established a [separate] house of worship in order to create mischief, and to promote apostasy and disunity among the believers, and to provide an outpost for all who from the outset have been warring against God and His Apostle.
وَالَّذِينَ اتَّخَذُواْ مَسْجِدًا ضِرَارًا وَكُفْرًا وَتَفْرِيقًا بَيْنَ الْمُؤْمِنِينَ وَإِرْصَادًا لِّمَنْ حَارَبَ اللّهَ وَرَسُولَهُ
مِن قَبْلُ وَلَيَحْلِفَنَّ إِنْ أَرَدْنَا إِلاَّ الْحُسْنَى وَاللّهُ يَشْهَدُ إِنَّهُمْ لَكَاذِبُونَ
Waallatheena ittakhathoo masjidan diraran wakufran watafreeqan bayna almumineena wairsadan liman haraba Allaha warasoolahu min qablu walayahlifunna in aradna illa alhusna waAllahu yashhadu innahum lakathiboona
No matter what we say or advice such folks like Lina Joy and her fellow apostates, such matters concerning 'Riddah' @ Apostasy depend on the judgements and way of rule of the prevailing 'Ulul 'Amri @ the Rulers where such persons are bound to as citizens and subject to their decisions with regard to either implementing the Laws of Allah Subhanahu Wa Ta'ala, follow the rulings in the Hadiths of Rasulullah SAW or the Manmade Laws upheld by the nation.
It's not easy for the government of Malaysia to handle such cases for they rule over a mixed population and as such are caught in a quandary.
Like the proverbial Malay saying ' Ditelan mati emak; diluah mati ayah'. If they allow the apostasy, they run afoul of Allah's Laws and in the Hereafter will stand charged with abetting a major sin against Allah SWT!
When they deny the apostasy request, Non Muslims and NGO's take them to task that they are infringing the rights of the person concerned.
This dilemna is because this nation is not ruled according to the Shariah but British Laws inherited from the Colonial Masters and adopted as the Constitution. The reality is that not a country in the entire world actually rules according to the Qur'an. They make an attempt to impose certain laws and conveniently neglect other aspects of the Shariah.Hence, the 'caught between the Devil and the Deep Blue Sea' syndrome.
All I can wish for is for the Government of Malaysia to do what's right. That would be to follow the Laws of Almighty Allah, Rabbul Jaleel, Lord and Master of the Entire Creation.
Humanbeings may rant and rave here on Earth but in the finality of Life, will die and pass on to the realm of the Yaum al Barzakh and face the Supreme Master of us all, Lillah hi rabbilalameen, Allahu Akbar.
No advocate worth his or her laurels can win against the Judgement of the Creator, can they?
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