A good question from Ronnie Liu

Bar Council has organised a seminar on the Federal Constitution on March 12, 2006.

During the Q&A session, Ronnie Liu from DAP asked the question from the floor on whether the freedom of religion encompassed the right to renounce a religion. It went without saying that he was asking in the pespective of Islam. The panelists did not answer his question.
This was indeed a good question.

The Federal Court in the case of Kamariah Ali chose not to answer the question. The question put to the apex court was:
"Sama ada hak untuk menganuti agama di bawah Perkara 11(1) Perlembagaan Persekutuan merangkumi hak seseorang beragama Islam yang telah mencapai umur majoriti untuk mengisytiharkan keluar dari agamanya"

Chief Justice, YAA Ahmad Fairuz in his judgment said: "Berpandukan fakta di hadapan Mahkamah ini, kami sebulat suara berpendapat soalan-soalan (1), (2) dan (3) tidak perlu dijawab walaupun kebenaran untuk merayu di atas soalan-soalan tersebut telah diberikan oleh Mahkamah ini."

In the case of Lina Joy, the Court of Appeal has pointed that only the proper authority can decide whether a Muslim has renounced Islam. The proper authority meant is the Majlis Agama Islam of the respective state. In Terengganu, a Muslim has to serve 3 years sentence in a rehabilitation center if he chooses to renounce Islam.

In fact, the Reid Commission who drafted the Federal Constitution back in 1957 chose not to adopt the spirit of Article 18, Universal Declaration of Human Rights 1948.

According to Article 18 UDHR:
"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance"

That's why I said Ronnie Liu has asked a good question.