Tuesday, August 28, 2007

Lina Joy's case

Evening Professor and alls,

Folowing are Lyna's case answers:
1. Malaysian Government can not deny Lyna’s case according to ICCPR in article 18, and government is likely to invoke to justify this measure according to its constitution stated that “Islam is the religion of the Federation, also other religion may be practiced in peace” . This means that Islam is the religion for the Federation, others religions can be changed to joint with Islam but not from Islam to others.
2. If I’m Lina Joy’s position, I’ll choose another reason which base on Article 18 of ICCPR to change a religion because Malaysia is one of countries which adopts it. And article 18 stated clearly that people have freedom to change or adopt another religion that they like.
3. My own view to the decision of the Federal Court in Lina Joy more or less will affect the future development of right in Malaysia basically on the Fundamental of People Rights. And according to the content of ICCPR is that people have right to adopt, practice religion in individual, community, belief in worship, observance, practice and teaching.

Thanks for your comments.
Da

3 comments:

Stan Starygin said...

Da --

1. This is a good argument on behalf of the Malaysian government. Would you consider protecting Islam more than other religions as a legitimate interest of the government?

2. Article 18 of the ICCPR states that there is a right to "have and adopt" a religion or belief, but not "change". How do you -- and others -- think this changes things?

3. What do you think will happen now in Malaysian society that the decision in Lina Joy was handed down?

3.

moen savoeun said...

Hi Da!

2. If your reason base on ICCPR; and if, the state did not sign to accept the ICCPR, what other reasons will you approach?

DETH said...

Hi,

I want to leave some comments on your answer

Being a Muslim is bound by the Syariah laws, so they can’t apostatize their religion. The issue of deleting the word Islam from her identity is a transgressed of Muslim religion. This is one’s religion believe. We can’t say one’s believe is wrong.
However Art.11 the free right to profess and practice a religion of choice of the Federal Constitution but it didn’t include the right to renounce Muslim religion. And the art. 11 of the Federal Constitution can’t be interpreted to mean that the Muslim could renounce the religion of Islam without fist having the recourse to the Syariah Courts