I wonder whether the Archbishop of Canterbury has heard of Lina Joy?
Since Rowan Williams made his extraordinary intervention I have been in correspondence with Malaysians with direct experience of living under a parallel system of state and Sharia.
There have been numerous disputes concerning the correct courts to be used in different cases.
One of the most famous controversies concerns Lina Joy. Actually that's only her name now, her Christian name. Her birth name is Azlina Jailani, and she was born a Muslim.
In 1981 Lina Joy became a Christian and she is trying to have herself declared as such on her identity card, her MyKad. One reason is that she wishes to marry her Christian boyfriend and it is illegal for her to do this while she remains classified as a Muslim.
However her attempts to have her conversion recognised have failed.
The civil courts, and finally the highest court - the Federal court - have ruled that she can't decide on her religion for herself. She has to to be given approval by the Islamic courts. Which, of course, is not forthcoming.
As the decision was announced last May, outside the federal courts a crowd chanted Allahu Akhbar.
This is not the only type of case, by any means, where the joint jurisdiction poses fundamental problems of human rights. Another type concerns what is known as body snatching.
The conversion of non-Muslims near death without the knowledge of their families has caused fierce rows. One reason, according to my correspondents, is that conversion changes the destination of any inheritance with Islamic courts deciding and inherited assets flowing only to Muslim relatives or the community.
Divorce battles raise similar questions. Conversion by the father in the run-up to a divorce gives him crucial advantages - he gets custody, turns the children into Muslims and prevents his wife using the civil courts.
Running a dual court system produces extraordinary practical difficulties and the opportunity for human rights abuses. Just ask the campaigners in Malaysia.
http://timesonline.typepad.com/comment/2008/02/i-wonder-whethe.html
JPTF 2008/02/15
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