A/HRC/10/8/Add.1
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was insufficient for it to remove the word “Islam” from the identity card of a Muslim, was
reasonable because renunciation of Islam was a matter that should be dealt with under Islamic
law and therefore required determination from the Islamic Religious Authority.
139. The Federal Court indicated that the mode of renouncing a person’s religion necessarily
had to follow the procedures, law or practice of the said religion. Freedom of religion under
article 11 of the Federal Constitution required Ms. Lina Joy to obey the procedures, law or
practice of the said religion, specifically in respect of renouncing her religion. The sharia court
had an implied jurisdiction over matters relating to apostasy or conversion out of Islam. The
implied jurisdiction was based on the fact that the sharia court had complete jurisdiction on the
conversion into Islam, and by necessary implication, would have jurisdiction on apostasy and
conversion out of Islam. This had been enunciated by the Federal Court in the case of
Dalip Kaur and, as the apex court of Malaysia, is binding on all courts.
140. In conclusion, the Federal Court argued that Ms. Lina Joy was not prevented from
renouncing her religion, Islam. However, because a Muslim is subject to the Islamic laws in
Malaysia, Ms. Lina Joy had to go through the proper Islamic Religious Authority for the purpose
of renunciation of her Islamic faith. Once she would obtain an order or a letter of confirmation of
her renunciation, she would then be able to proceed to get the NRD to delete the word “Islam”
from her identity card. These processes did not impede the freedom of religion of Ms. Lina Joy.
In this instance, she had never approached the Islamic Religious Authorities for the purposes of
renunciation of her religion, Islam.
141. According to the Government of Malaysia, the Federal Court’s decision had illustrated
that, in line with article 11 of the Federal Constitution, which provision is compatible with the
Declaration on the Elimination of All Forms of Intolerance and Discrimination based on
Religion or Belief, the Universal Declaration of Human Rights and the International Covenant
on Civil and Political Rights, the freedom of religion or Ms. Lina Joy had never been violated.
Observations
142. The Special Rapporteur is grateful for the Government’s response. Concerning the right to
change or to renounce to one’s religion, she would like to refer to paragraph 5 of the general
comment No. 22 (1993) of the Human Rights Committee which states that “freedom to ‘have or
to adopt’ a religion or belief necessarily entails the freedom to choose a religion or belief,
including the right to replace one’s current religion or belief with another or to adopt atheistic
views, as well as the right to retain one’s religion or belief”. Furthermore, provided that the
Federal Constitution of Malaysia recognizes that “Islam is the religion of the Federation, but
other religions may be practised in peace and harmony in any part of the Federation”, she would
like to refer to her framework for communications, more specifically to the international human
rights norms and to the mandate practice concerning “State Religion” (see above, para. 1,
category II.2).
143. In addition to the above, the Special Rapporteur would like to recall that in paragraph 3 of
general comment No. 22 (1993), the Human Rights Committee underlined that no one can be
compelled to reveal his thoughts or adherence to a religion or belief. As stated by the Special
Rapporteur in her latest report to the General Assembly (see A/63/161, paragraph 77), indicating
a person’s religious affiliation on official documents carries a serious risk of abuse or subsequent