Home Latest News Current Affairs Federal Court Decision Over the Appeal of Lina Joy

Federal Court Decision Over the Appeal of Lina Joy

Friday, 01 June 2007 15:03

Since the Federal Court Decision over the Appeal of Rina Joy involves an appeal by a Malay apostate seeking for Court Order for deletion of Moslem identity on her National Identity Card, as a non-Moslem National Organisation, Young Buddhist Association of Malaysia (“YBAM”) is careful in its response. Nevertheless, YBAM being a National Buddhist Organisation express its concern over the safeguard of fundamental rights and liberties as enshrined in the Federal Constitution.

YBAM do respect the decision of the Learned Judges of the Federal Court but regret to note that although the utmost duty of the Federal Court Judge is to uphold and safeguard the Federal Constitution, fundamental rights and liberties especially equality before the law & freedom of religion as enshrined in the Federal Constitution are not well-safeguarded by the majority decision of the Federal Court.

Due to the Malaysian Legal System, its legal structure and the interpretation of law, it is sad that the majority decision of the Federal Court has disregarded the individual will of the Appellant and her fundamental right and liberties. YBAM therefore agree with the minority decision of the Chief Justice of Borneo especially his learned view that Article 121(1A) of the Federal Constitution prescribes for the jurisdiction of Islamic Court and does not confer upon Islamic Court the power of interpretation of Federal Constitution. Thus, Civil Court shall not give away its duty to safeguard the Federal Constitution as and when constitution issue arises.

YBAM therefore call upon the Judiciary to undertake its utmost duty to safeguard the Federal Constitution and fundamental rights and liberties as enshrined thereto.