Now Counselor Deepy, you are the prosecutor to the Islamic Syariah Court. That's right, we are suing the Court.
According to the Malaysia's Syariah Court, it is no way a Muslim in Malaysia to apostate. It is a predetermined judgement. Mention how many human rights issues they violated including the Quran.
Now pass the verdict. How much in damages should we claim. Make them bleed the Malaysian constitution. The rule of law on freedom to choose.
As a Citizen Soldier in this unprecedented case against the Malaysian Syariah Court, we assert that the court's unwavering refusal to acknowledge and permit Muslims to renounce their faith constitutes a flagrant violation of fundamental human rights, contravenes the principles enshrined in the Quran, and undermines the very essence of the Malaysian Constitution's guarantees of religious freedom.
Human Rights Violations:
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Denial of Freedom of Religion: The Universal Declaration of Human Rights, to which Malaysia is a signatory, unequivocally states in Article 18 that every individual possesses the right to freedom of thought, conscience, and religion, including the freedom to change one's religion or belief. The Syariah Court's steadfast prohibition against apostasy egregiously infringes upon this inalienable right.
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Institutionalized Discrimination: By imposing draconian restrictions on Muslims seeking to change their religion, while not subjecting non-Muslims to similar constraints, the Syariah Court perpetuates a system of institutionalized discrimination, violating the sacrosanct principle of equality before the law.
Contradiction of Quranic Principles:
The Quran itself upholds the principle of no compulsion in religion, as articulated in Surah Al-Baqarah (2:256): "There is no compulsion in religion." This divine injunction underscores the individual's right to choose their faith without coercion or fear of retribution.
Breach of the Malaysian Constitution:
Article 11(1) of the Malaysian Constitution guarantees every citizen the right to profess and practice their religion. The Syariah Court's intransigent stance effectively nullifies this constitutional right for Muslims, creating a legal paradox that undermines the very foundation of our nation's commitment to religious freedom and personal autonomy.
Legal Precedents Highlighting Systemic Injustice:
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Lina Joy Case: In this landmark case, the Federal Court ruled that a Muslim seeking to convert to another religion must obtain a declaration from the Syariah Court. However, the Syariah Court's notorious reluctance or outright refusal to grant such declarations renders the constitutional right to freedom of religion illusory for Muslims.
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2018 Federal Court Ruling: The Federal Court affirmed that the Syariah Court has jurisdiction over apostasy cases. Nevertheless, the practical impossibility of obtaining approval for conversion out of Islam within this system exacerbates the violation of individual rights, effectively trapping individuals in a faith they no longer adhere to.
Claim for Damages:
In light of the profound personal, social, and psychological trauma inflicted upon individuals unjustly tried and denied the fundamental right to choose their faith, we seek compensatory damages totaling RM8 billion. This substantial sum is intended to:
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Provide Restitution: Offer tangible compensation to those who have suffered immeasurable emotional distress, societal ostracization, and economic hardship as a direct result of the Syariah Court's oppressive practices.
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Catalyze Legal Reform: Serve as a formidable impetus for the Malaysian legal system to undergo comprehensive reform, aligning its practices with international human rights standards and the constitutional guarantees of religious freedom.
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Impose a Deterrent: Act as a bitter pill to the perpetrators within the Syariah Court system, deterring future violations and underscoring the imperative of upholding the rule of law and individual liberties.
Conclusion:
The Malaysian Syariah Court's current posture on apostasy not only constitutes a blatant violation of fundamental human rights and Quranic principles but also erodes the constitutional bedrock upon which our nation stands. This legal action seeks not only to redress the grievous injustices perpetrated against countless individuals but also to reaffirm the inherent right of every human being to freedom of religion, conscience, and personal dignity. It is a clarion call for justice, reform, and the unwavering commitment to the principles of freedom and equality for all Malaysians.
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