In the current case, Lina does not accept the jurisdiction of the syariah courts. We have multiple courts here in the U.S., Federal for the whole nation, and then the states each have their own courts, and then there are over 5000 separate county level courts, and even multiple courts within these that each have their own areas of jurisdiction.
Since I have never in my life been to Florida, it's hard for someone to sue me in Florida. If someone tries to sue me there, the first thing I do is contest the jurisdiction, to say that the Florida court has no jurisdiction, to say that they have no authority to make orders affecting me. The first thing they would have to prove is that I've done some particular thing that has given that particular Florida court jurisdiction over me.
If I want to sue a Florida resident, for example for not paying a debt that I have bought, I probably have to go to the county in Florida where they are resident and file the suit there. By filing there, eventhough I've never been there, I have to accept the jurisdiction of that court over the case, and over me in regards to that case. Whatever they might order against me in that case becomes binding upon me. I have to accept a loss against me as much as any win I might hope to achieve.
Since Lina is no longer a Muslim, she should not be under the jurisdiction of the syariah court. If she goes there with her battle, she will have to accept their jurisdiction, and will be in jeopardy in regards to whatever orders they might make against her. This may not be in her best interest.
This ruling against her in the civil courts amounts to them trying to establish a precedent for the syariah court to have jurisdiction even over non-Muslims.
| Answer to the question... 'What is the point of keeping a person a Muslim if they no longer believed in the faith and made that publicly known?' |
Malaysia is one of a few countries that do not give capital sentences to those who apostate themselves (or turn away from) from Islam. However, even though the best reasoned treatises on Islam say that the Qu'ran (Koran) doesn't support death to the apostate, they don't mind imprisoning the apostate and giving them strong persuasion to return to Islam. If the brainwashing is successful, then the end would obviously justify the means.
Going to the syariah court gives them the option to decide that she doesn't know her own mind and should be ordered into religious reeducation. This has already been done to Muslims convicted of following certain cults in Malaysia.
(other tags:Malasian)