Malaysia: Non-Muslims Charged for Blasphemy in Islamic Court

Should non-Muslims have to answer religious charges in a Muslim court? Malaysia's Federal Court says so, at least if the alleged offense was committed at a time when those involved were Muslims.

World Wide Religious News reports:

The four - Daud Mamat, 62, Kamariah Ali, 51, her husband, Mohamad Ya, 57 (now deceased) and Mad Yacob Ismail, 62 - ... wanted the court to declare that the Syariah Court had no jurisdiction over them in view of the fact that they had renounced Islam.

The three appellants said they were shocked but would not change their mind about renouncing Islam. “I’m disappointed with the judgment but am undeterred by it. I will continue the struggle for freedom to practise the religion of my choice,” Daud said.

Fellow appellant Mad Yacob said he was saddened by the court’s decision. “They have failed to grant us our right. The three of us don’t want to practise Islam any more. I will have to discuss with my lawyer as to what alternatives are open to us ... if there is a higher authority from which we can seek redress,” he said.

“Although they had made such a declaration in 1998, they were still liable to be brought before the Syariah Court in 2000 because they were being tried for an offence committed while they were still Muslims,” the judgment said. It noted that, if this context is not applied, then Muslims being charged for Syariah offences would freely rely on the defence that they are no longer Muslims and that they therefore do not fall under the jurisdiction of the Syariah Court.

On the other hand, maybe they shouldn’t have religious tribunals judging people in the first place? A pretty radical idea, I know, but it works for many other nations.

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