Religious freedom not for Muslims, says retired judge

PUTRAJAYA, Nov 19 – The concept of religious freedom does not apply to Muslims in the country, a retired high court judge told an international seminar here.

Datuk Faiza Tamby Chik said, as far as enacted law was concerned, it was clear that it was not easy for one to abandon the practices of the faith.

Citing the case of Lina Joy’s renunciation of Islam, Faiza said the High Court in its decision ruled that a Malay under Article 160(2) of the Federal Constitution remained in the Islamic faith until his or her dying days.

“The said Malay cannot renounce his or her religion through a deed poll and seek a declaration by virtue of Article 11 of the Federal Constitution,” he said when delivering a working paper entitled, “Malay and Islam in Malaysian Constitution” at the two-day International Seminar on Comparative Laws (ISCOM 2008) which ended today.

Speakers from universities in Sydney, Syria, and the Philippines participated at the seminar which was organised by Universiti Sains Islam Malaysia whose speakers also took part.

Faiza is a distinguished Fellow in Faculty of Syariah and Law from the Universiti Sains Islam Malaysia.

On the High Court decision, he said the court also held that even if one was a non-Malay and embraced Islam and become a Muslim convert (mualaf) and later decided to leave the Islamic faith, he or she was still required to report and see the relevant State Islamic Authority which would decide on the renunciation of Islam.

He said non-Muslims in the country had wide religious freedom and that the primary limitation on non-Muslims applied to those whose beliefs and religious practices included the propagation of their faith.

However, Faiza said state law may prevent attempts of non-Muslims to proselytise Muslims.

He added that Article 3 of the Federal Constitution provided a balancing clause that other religions might practice in peace and harmony in any part of the Federation. – Bernama

Comments (25)Add Comment

Write comment

busy
 

Latest Comments

Penang government declassifies minutes o...
Declassify EVERYTHING. Declare everyone's assets as well. The country belongs to...
‘I’m Sabahan, they treat me worse th...
DO NOT EXPEL. Instead use their votes to ensure PR's win. PR must promise that t...
A dept just to handle foreign workers
Dear Minister, The problem can only be arrested if you take the Immigration off...
PAS Kelantan serah pada Nik Aziz selesai...
Both the PBMK's CEO and RM65K gift are set to haunt TGNA for the rest of his nat...
Liow says to call off EGM II only if fre...
LTL, fresh election by this year, or in 6 months, or in 12 months or in many man...
Singapore cements military ties with US
Under a certain 13 point plan, Singapore will be re-assimilated by Malaysia. ...
The Apprentice: MCA
Liow Topshop should get ready to CLOSE SHOP. Period.

Sponsored Links