Right to Change Religion in Malaysia
A Muslim’s decision to change religion in Malaysia was not an autonomous one. Faiza J opined that if a person were allowed to renounce Islam without obtaining declaration from the religious body, it would create chaos and confusion with the administrative authority managing Islamic affairs, both...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
2014
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| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/4946/1/FH02-FLAIR-16-04956.pdf http://eprints.unisza.edu.my/4946/ |
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| Summary: | A Muslim’s decision to change religion in Malaysia was not an autonomous
one. Faiza J opined that if a person were allowed to renounce Islam without
obtaining declaration from the religious body, it would create chaos and
confusion with the administrative authority managing Islamic affairs, both
Muslim and the non-Muslim communities as a whole. The paper attempts
to look at the issue of right to change religion in Malaysia by firstly examining
the relevant injunctions of the Quran and Sunnah on apostasy and secondly
to discuss provisions in the Federal Constitution, especially the effect of article
121(A) of the Federal Constitution in determining the proper jurisdiction
of the court to solve these matters. The study is a qualitative research where
data collection is done by library research. The data is obtained from related
legal provisions, primarily the Federal Constitution, state enactments of
Malaysia, the Holy Quran, Sunnah, books, and journals, newspapers’ articles,
conference proceedings and Universal Declaration of Human Rights 1948.
Having read through the relevant articles on the Constitution, it was found
that apostasy, or the right to apostate is not clearly provided for in the Federal
Constitution. Finally, this article puts forward some important
recommendations to improve the law of apostasy in Malaysia. |
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