Chow Kon Yeow: 曹观友

Becket Fund denounces Malaysian court

According to the Becket Fund - a human rights law firm - Malaysia has violated its own law and international law in denying official recognition of Lina Joy’s conversion from Islam to Christianity.

The Becket Fund, a US law firm that deals in human rights cases involving religious liberty issues said today that the Malaysian Federal Court has violated both Malaysian and International Law in its finding in the case of Lina Joy, a woman who has asked for official recognition of her free conversion from Islam to Christianity.

“This decision violates international law and stands in wrongheaded defiance of the universal human right to religious freedom,” said Angela Wu, International Director for the Becket Fund for Religious Liberty, who attended a hearing for Ms. Joy and has testified before the United States Congress on anti-conversion laws.

“International law and the Malaysian Constitution guarantee the right to choose your own religious beliefs and change those beliefs according to your conscience. Today the Federal Court made it clear that if the state says you are a Muslim, those rights don’t apply to you. Unfortunately for Lina Joy, a universal human right has been trumped by the state’s insistence that she bow to sharia law.”, said Wu.

Based in Washington DC, the Becket Fund was founded by Attorney Kevin “Seamus” Hasson and has defended the right of free exercise of religion to numerous individuals and groups, representing Christians, Muslims, Jews, Hindus and those of other faiths. To see further resources on this case, see: Becket Fund finding and Malaysia - State Imposed Religious Designations

Tuan Yang di-Pertua: Saya jemput Yang Berhormat bagi Tanjong.
4.29 ptg.
Tuan Chow Kon Yeow [Tanjong]: Terima kasih Tuan Yang di-Pertua. Saya ingin
membawa kepada perhatian Dewan yang mulia ini satu isu perlembagaan yang amat penting iaitu
isu rakyat yang bukan beragama Islam yang diperlukan untuk mencari remedi di Mahkamah
Syariah yang saya rasa bercanggah dengan peruntukan Perlembagaan Persekutuan. Pelbagai
pihak telah menyuarakan kebimbangan dan prihatin mereka terhadap satu keputusan majoriti yang
dibuat oleh Mahkamah Rayuan dalam kes Subashini dengan Saravanan di mana mahkamah ini
memerlukan rakyat bukan agama Islam untuk menerima bidang kuasa Mahkamah Syariah.
Keputusan Mahkamah Rayuan ini nampaknya juga menurunkan keputusan yang memberi
gambaran bahawa seorang ibu atau bapa boleh menukar agama anak-anak kecil mereka kepada
Islam tanpa menerima persetujukan daripada seorang ibu atau bapa yang lain. Selepas itu, orang
itu boleh pergi ke Mahkamah Syariah untuk mendapatkan perintah penjagaan anak-anak mereka
tanpa penyertaan pihak yang lain.
Keputusan ini yang memaksa orang yang bukan beragama Islam untuk mendapat remedi
daripada Mahkamah Syarikah adalah bercanggah Perlembagaan dan tidak adil. (more…)

I asked in my earlier blog this morning, “How could the Cabinet directs the A-G…”

Not long later, Karpal Singh gave this warning, “The whole Cabinet is in contempt of the court”. He said how could the Cabinet direct the A-G to determine the status of Rayappan.

The A-G would also be in contempt of the court if he makes any decision, he added

“This is against the doctrine of seperation of power,”Karpal added.

He said that the court should be allowed to decide, not the A-G.

Malaysiakini has the following story on the Rayappan case, ” A tale of two courts”. This morning, we read that the A-G was asked by Cabinet to confirm Rayappan’s religious status. Can the AG do so, especially the matter is already before the syariah and civil courts? Looks like a tale of three courts.

Rayappan case: A tale of two courts
Andrew Ong
Dec 6, 06 7:23pm

The tussle over Rayappan Anthony’s body between his family and the Selangor Islamic Affairs Council (Mais) has been referred to a higher court by the Syariah High Court today.

In making the decision, High Court judge Abu Zaky Mohammad said his court had no jurisdiction to hear the case and set Dec 12 for the case to be heard by the appellate court.

A-G to confirm religious status (the Star)
The Cabinet has directed the Attorney-General to look into the case of Rayappan Anthony (pic) to confirm his religious status, Prime Minister Datuk Seri Abdullah Ahmad Badawi said. The Cabinet had discussed the issue and had agreed to hand over the case to the A-G as it was important that it be resolved.

PAS youth Chief Salahuddin Ayub said Article 11 group should immediately stop its series of road shows.

He said the group should take their concerns about the religious rights of minorities to the government.

Has Salahuddin forgotten that nine non-Muslims Cabinet Ministers submitted a memorandum direct to the Prime Minister?

Pak Lah told them to withdraw the memorandum even without reading about the contents which talked about religious grievances of the minorities in the country.

Earlier the government also rejected a proposal to set up an Interfaith Council to allow all religious groupings to engage each others on religious matters and Constitutional rights.

Salahuddin, for all his fervent for his religion, should also appreciate efforts by minority religious groups to deal with such issues amicably.

I am sure they know the sensitivities involved and they have been very careful and patience.

I remember Salahuddin declaring in Parliament that he would stand with Umno MPs on issues affecting Islam.

He can choose whoever he likes but I hope he is also willing to listen first before he condemns.

Maybe he should direct PAS state youth chiefs to take part in Article 11 forum and state PAS’ stand and win over the others. Getting his state youth leaders to demonstrate and using brute strength to stop others from speaking up surely reflects poorly on his leadership.

Everyone’s patience is wearing thin. This does not augurs well for the country.