Conversion to Islam of one spouse and the child’s religion 5 Non-Muslim marriages in Malaysia are governed by the Law Reform (Marriage and Divorce) Act 1976 (“LRA”).9 The LRA specifically In its judgement, it stated that "the right of religious practice of the two infant children shall be exercised equally by both parents" based on the Guardianship of Infants Act 1961. After much coverage in the local newspapers, the draft bill was put on hold by Prime Minister Abdullah Ahmad Badawi, due to the controversy surrounding it. On 13 April 2004 Shamala once again went to the high court. The official reason given by the Malaysian government has been that the temples were built "illegally". Follow @EwelinaUO, © 2020 Forbes Media LLC. KUALA LUMPUR - Malaysia is reviewing its laws on religious conversion after a recent run of legal battles over freedom of worship inflamed tensions in the mainly Muslim nation, media said on Monday. Wong was buried next to her husband in the Chinese cemetery in her birthplace of Simpang Ampat, Alor Gajah. In January 2008, children's Christian books with illustrations of prophets were confiscated from several bookstores around the country. During that period, 168 had been The allegation was spread via a text message that claimed the church would baptise a group of Muslim Malays. [62] Muslim MPs accused him of being insensitive and Minister in the Prime Minister's Department Datuk Mohamed Nazri Abdul Aziz blasted the DAP member for allegedly trying to destroy the multi-religious tolerance in the country. The rules of sharia are set by the various sultans of the states. Islam is the dominant religion in Malaysia and is the country's official religion. In 1999 the High Court ruled that secular courts have no jurisdiction to hear applications by Muslims to change religions. The High Court dismissed her application. Most Malaysian businesses start work as early as 7 AM up till as late as 9 AM. Updated: February 4, 2018. The syariah courts rarely grant such requests, except in cases where a person has actually lived his or her whole adult life as a person of different religion, and only wants to change the official documents to reflect this fact. 3 The Constitution offers broad protections for freedom of religion or belief, but also makes the link between religion and ethnicity explicit Apostasy is not a federal crime. Of course they can! A two-thirds majority vote in Parliament is required for constitutional amendments in Malaysia. Federal law still provides for the age of majority as 18. You may opt-out by. In a statement, Amnesty International Malaysia said, “These vicious punishments against LGBTI people are the actual crimes being committed here. [49], Proselytising of Muslims by members of other religions is prohibited by federal law, even though Muslims may proselytise. Ewelina U. Ochab is a human rights advocate, author and co-founder of the Coalition for Genocide Response. In the state of Perak, for example, apostasy is defined as “(a)ny Muslim who by his word or conduct whatsoever intentionally claims to cease to profess the religion of Islam or declares himself to be non-Muslim.” The crime carries the punishment of up to two years’ imprisonment or a fine of the equivalent of $730. Participants included representatives from the Malaysian Islamic Development Department, the Malaysian Ulama Association, and the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST). In Sarawak, a Muslim testator may dispose one-third of his property to anyone he or she wishes. Two-thirds of the country’s Christian population [8][9] A marriage between two non-Muslims (civil law marriages), however, will not become void after one spouse subsequently converts to Islam. Government in general supports Islamic religious establishment and it is the official policy to "infuse Islamic values" into the administration of the country. As the case has gained prominence various religious organisations, human rights organisations and women's issues organisations have registered watching briefs. The report identifies six main challenges pertaining to the right of freedom of religion or belief in Malaysia that are closely related to the special status of Islam and the consequential disadvantaged position of other religious groups: Over the years, many Shi’a followers have been arrested for merely attending closed religious gatherings. On 5 November 2006, a group of Muslims gathered outside the Church of Our Lady of Lourdes, Silibin, in the town of Ipoh, Perak to protest an alleged conversion of Muslim Malays out of Islam. Temple demolitions are only a precursor to other forms of religious persecutions amongst ethnic Indians in Malaysia. There they hashed out the framework for a commission that could advise the relevant parties on the many interfaith issues that arise in pluralistic Malaysia such as conversion from Islam to another faith, which is deemed as apostasy in Malaysia. legal and court system in Malaysia as well as the litigation strategy which might be employed to achieve one’s aim in such custody dispute. The state of Pahang criminalizes the acts of “claiming to be a non-Muslim”, an “attempt to leave the religion of Islam”, or “declaring to leave the religion of Islam for any purpose.” The punishment includes “up to three years’ imprisonment, a fine of $1,218, or both, and to whipping of not more than six strokes.” The report indicates that “state laws do permit the act of renouncing Islam, though the implementation of these regulations in practice effectively prevents a Muslim from leaving the religion.”, Furthermore, despite assurances of the right to freedom of religion or belief in the Federal Constitution of Malaysia, Article 11(4) of the document has the effect of limiting proselytism. Written by Nadia Chevroulet. In 2017, the United Nations Special Rapporteur in the field of cultural rights, Karima Bennoune, indicated that Shi’a communities are unable to worship freely and are subject to “obstacles in carrying out rituals which are both cultural and religious.”, Similarly, the Ahmadiyah community faces discrimination and persecution, themselves being subject of several fatwas denying their rights or even declaring them as infidels (“kafir”). Ethnic Malay Muslims account for approximately 55 percent of the population. Leaving Islam in Malaysia poses social and legal challenges – but a new generation is demanding change", Boston News about Lina Joy conversion case, "Malaysia probes atheist group after uproar over Muslim apostates", "G25: Apostasy a major sin, but Constitution provides freedom of worship for Muslims too", "Freedom of religion by religion for religion", "Negotiating Apostasy: Applying to "Leave Islam" in Malaysia", Prince Alwaleed Bin Talal Center for Muslim-Christian Understanding, "Syariah Court Decides Nyonya Tahir Not A Muslim", "Dropping the Muslim status officially in the Shariah courts", "Sarawak CM reminded about promise to amend Shariah laws on apostasy", "Lina Joy's Case: Court Will Give Decision As Fast As Possible", "Seremban Syariah Court declared Nyonya Tahir not a Muslim", https://www.thestar.com.my/news/nation/2006/01/24/nyonya-tahir--a-nonmuslim, Synopsis of Circumcised Heart by Miriam Adeney, Statutory Declaration by Nur'aishah Bokhari, "Malaysia Rules Muslim Man Can Convert to Christianity", https://en.mehrnews.com/news/116422/Malaysia-hard-place-for-Shia-Muslims, "Malaysian Shiites face growing persecution", "Ignorance, extremist Sunnis fuelling anti-Shia sentiments in Malaysia, says academic", https://www.mei.edu/publications/malaysia-and-its-shia-problem, "ISLAMIC COUNCIL IN MALAYSIA ISSUES NOTICE TO AHMADIYYA MUSLIM JAMAAT PREVENTING USE OF CENTRAL MOSQUE", "Atheists face death in 13 countries, global discrimination: study", "Minister urges govt to hunt down atheist group", "Atheists in Malaysia should be hunted down, minister says", "Malaysia Bans Biblical Epic 'Noah' – ABC News", "Today's Stock Market News and Analysis from Nasdaq.com", "Security increased at Christian churches as Allah row divides Malaysia", "Malaysia Christians challenge ban on word 'Allah' - Christian News on Christian Today", "Malaysian church, weekly newspaper sue government for banning use of word 'Allah, Confiscating of Christian Literature – Council of Churches of Malaysia, Christians say fed up with Najib administration, "Jais raids Bible Society, Malay bibles seized", "Selangor Islamic authorities raid Bible Society of Malaysia, 300 copies of Alkitab seized", "Red faced Home Ministry explains seizure", "Latest seizure proves 'Allah' verdict affects Sabah, Sarawak Christians too, DAP MP says", "Penang mufti outlaws 40 words to non-Muslims", "Check law first, Karpal asks Penang government over decree banning 'Islamic words, "Non-Muslims can use the word 'Allah' in Penang", Mariner Azhar: I have not renounced Islam. Movies which depict people considered prophets in Islam are generally censored or banned as the depiction of prophets is considered "haraam" (not allowed) under Islam. Muslims are not allowed to convert to other religions legally, but people of other faiths can convert to Islam. The High Court interpreted the term parent to mean father. His wife, R. Subashini, applied to Kuala Lumpur High Court for an injunction against her husband seeking divorce in the Syariah Court. II. Joy then took her case to the Court of Appeal. Malaysia registers the religion of all its citizens and the ID card has each person’s religion printed on it. The … And, even now, the church she attends asked her to sign a declaration stating the church is not responsible for her conversion. The Kudus uses the term "Allah Taala" for God. Amnesty International, Human Rights Watch and the Bar Council are also holding watching briefs for this case. No one is able to control human mind, not even the government. In recent times, there has been a number of contentious issues and incidents which has tested the relationship between the different religious groups in Malaysia. In a report addressed to the 2018 Universal Periodic Review, the Ethics and Before Singapore broke away from Malaysia on the 9th of August 1965, … It was not until recently that the permit was finally granted. However, in a more recent case, The Passion of the Christ was allowed, after the intervention of the Prime Minister Abdullah Ahmad Badawi, under strict conditions restricting its viewership to Christians with sales of tickets being carried out by various churches and para-church organisations. [68], The Catholic Church began its challenge of the government gag order prohibiting it from using the word "Allah" in its Herald-The Catholic Weekly- through a judicial review. “In Malaysia, those who want to convert submit an application/affidavit saying they are adults and want to change their religion. This has the potential to affect the enjoyment of the right to freedom of religion or belief by other religious groups. By doing so, Malaysia would be bound to adhere to the international standards on the right to freedom of religion or belief (in Article 18) and the minority rights (in Article 27). In 2014 the biblical film Noah was banned by the Malaysian authorities reasoning that the film was un-Islamic. However, the coalition government headed by Mahathir at the time held more than two-thirds of the seats in parliament. As of September 2007, their case is pending in the Federal Court after an appeal by Subashini. Several religious holidays are recognised as official holidays, including Hari Raya Puasa (Muslim), Hari Raya Haji (Muslim), the Milad un Nabi (Muslim), Wesak Day (Buddhist), Deepavali (Hindu), Thaipusam (Hindu), Christmas (Christian), and, in Sabah and Sarawak, Good Friday (Christian). He later informed his superior, who contacted the Negeri Sembilan Religious Affairs Department. These violations are derived from Malaysians being prohibited or punished for changing their religion. The message proved to be false as the church celebrated only a Holy Communion service for 110 Indian children. [40] When her family went to the local police office to file a notice of death, the officer on duty was reportedly confused by the fact that the identity card of the deceased identified her as a Malay and a Muslim, while her family were Chinese and Buddhist. [citation needed], A local daily, The Star reported that a proposal by Kepong MP Dr Tan Seng Giaw to regulate the Azan so that it will not be too loud or disturb non-Muslims caused a stir in the Dewan Rakyat. Additionally, income tax relief granted to companies for donation made to tax exempt charities is restricted to 5% of the aggregate income of the company. Among others, the recommendation is for Malaysia to become a party to the International Covenant on Civil and Political Rights. It was influential before Islam took over. Most of the Muslim holy days are national holidays, for instance, the birthday of Mohammad, the end of the Hajj, and the end of Ramadan. The same arrangement was long held even during British colonial rule. The steering committee behind the proposal for a draft bill for the commission organised a national conference that saw about 200+ people from all religious backgrounds attending it. The temples follow Saivite tradition from West India for t… This was affirmed in the Court of Appeal, where the court also ordered Subashini to take her case to the Syariah Court. Indian settlers came to Malaysia from India in the late 19th and early 20th centuries. Beginning in March 2000, representative non-Muslims were invited to sit on the immigration committee that approves such visa requests. In 2006, T. Saravanan, a Muslim convert, sought to dissolve his marriage with his non-Muslim wife via the Syariah Court. Freedom of religion is enshrined in the Malaysian Constitution. The report made several important recommendations which are aimed at addressing the challenges. Muslim citizens cannot convert to other faiths without consent of a Shariah court, Malaysia’s top court ruled on Feb. 27. According to the ruling, the religious conversion of Muslims lies solely within the jurisdiction of Islamic courts. In this case the High Court ruled that only the consent of one parent is required in the conversion to Islam of a person below 18 in the Federal Territories. Constitutionally (in Article 160 of the Constitution of Malaysia), one of the four tests for entitlement to the privileges accorded to a Malaysian Malay is that one must be a Muslim. Malaysia has a population of just over 31 million. Religious freedom in Malaysia 3.1. [44] The process takes around three months. Without knowledge of Shamala he then obtained a custody order in the syariah court on 30 January 2003. Mogarajah. He stated "...the Muslim call for Subuh (dawn) prayer may disturb the sleep of non-Muslims but they have accepted this as a fundamental part of Islam. Many Muslims who have converted to Christianity, Hinduism, Buddhism, Sikhism, other religions or irreligion (such as atheism or agnosticism) lead "double lives", hiding their new faith from friends and family.[26][27][28]. Revathi Massosai is a Malaysian woman who was raised as a Hindu but her identity card designates her as a Muslim. The High Court ruled that the custody order issued by the syariah court "did not change the interim civil court order". Religious intolerance has been a pressing concern in Malaysia for some time now. That incident had nothing to do with the Israeli-Palestinian conflict; only a rejection of all things Jewish. [citation needed], In 2004 the Bar Council of Malaysia journal "Infoline" carried an article which questioned the need for the Azan as it was disturbing to non-Muslims and not needful. Their excuse was that these temples were unlicensed and squatting on government land. After a violent conflict in Penang between Hindus and Muslims in March 1998, the government announced a nationwide review of unlicensed Hindu temples and shrines. [28], As Malaysia is a federation, certain matters, such as religion, are handled by state governments. Chief Justice Ahmad Fairuz Sheikh Abdul Halim and Federal Court judge Justice Alauddin Mohd Sheriff delivered the majority decision dismissing her appeal. Shamala and Jeyaganesh were married under Hindu rites registered under the jurisdiction of the Law Reform Act. We envisage the Putrajaya church to be a hallmark of the Catholic community in Malaysia and showcase the rich heritage of the Malaysian Catholics. MALAYSIA 3 International Religious Freedom Report for 2018 United States Department of State • Bureau of Democracy, Human Rights, and Labor higher numbers of non-Muslims. However, Sunday which is the Christian traditional holiday is the official weekend holiday in the Federal Territories and ten out of thirteen states, unlike practices in Middle Eastern Muslim countries. [5] The sedition law prescribes a maximum fine of RM5,000 or a jail sentence of three years for a convicted first-time offender, or both, and raises the jail term to five years for subsequent offenses. When conversion is allowed with the consent of only one parent, the right of the converting parent to change the child's religion is recognised, but the right of the non-Muslim spouse is ignored. As his Hindu wife did not file for divorce, she remains "his unconverted wife" under this law. [3] The same law applies to non-Jews who organize prayer gatherings for the same reason who would then also be accused of promoting "Jewish culture". Haris Bin Mohamed Ibrahim has registered a watching brief on behalf of the Women's Aid Organisation, (WAO), All Women's Action Society (AWAM), Women's Center for Change, Penang (WCC) and Sisters in Islam (SIS). All Rights Reserved, This is a BETA experience. However, the situation in Malaysia goes far beyond “religious intolerance.” Indeed, the report makes it clear that many religious minorities face discrimination and persecution. [94] And as recent as August 2010, another prayer hall in Seremban was subjected to vandalism. The ban has since been rescinded. [87] Many Hindu advocacy groups have protested what they allege is a systematic plan of temple cleansing in Malaysia. The appeal was rejected on a technicality but court added that she would be able to try again in a few months.[12]. The Mufti stated that the father had the right to unilaterally convert the infants to Islam. The Federal Constitution of Malaysia protects the right to freedom of religion or belief, including religious manifestation by way of professing, practicing and propagating one’s religious beliefs. KUALA LAMPUR: Malaysia has withdrawn an Islamic law which allows one parent to give consent for the religious conversion of a child, reports said Saturday, after an outcry that it … The issue was raised by the UN Special Rapporteur in the field of cultural rights, following a visit to the country in September 2017. In January 2010, two separate prayer halls (surau) in Muar became targets of arson attacks. Second, the Constitution also provides that Islam is the religion of the country but other religions may be practised in peace and harmony (Article 3). [31] In the states Malacca, Pahang, Perak, and Sabah, apostasy, attempted apostasy or being an accomplice to apostasy of someone else is a crime punishable by various measures ranging from a fine of up to MR 5,000, imprisonment (up to 3 years), or detention in an Islamic rehabitation centre (up to 3 years). A marriage between two non-Muslims (civil law marriages), however, will not become void after one spouse subsequently converts to Islam. It is prohibited in 10 of the 13 states (i.e. ', Shannon Teoh for the Malaysian Insider, March 30. The Supreme Court further held that this was "only of academic interest" as Susie Teoh was no longer a minor at the time of hearing. Free Online Library: The religious tolerance in Malaysia: an exposition. However, the strength of multi-racial can only be harvested if the country fulfils racial equal rights. [13] In the first hearing before the High Court, Shamala Sathiyaseelan sought (1) to bring committal proceedings against the father of the infants for breach of the interim custody order of the High Court of 17 April 2003, and (2) to declare that she was not bound by any decisions, order or proceedings of the syariah court. Ochab authored the initiative and proposal to establish the UN International Day Commemorating Victims and Survivors of Religious Persecution. The issue of forced religious conversion has also been at the forefront. [citation needed] Among these are Chinese funeral processions that are often accompanied by drums and cymbals, and other rituals not exclusive to the Chinese. Receipts are issued out and must be submitted to apply for tax relief. In 2010, this power was used to pass a fatwa which would penalize non-Muslims for using the following words, or to write or publish them, in any form, version or translation in any language or for use in any publicity material in any medium: Not all non-Muslim charities are granted tax exempt status, it is only given to registered and approved charities, partly to prevent abuse. [40][34] The head of the Negeri Sembilan Religious Affairs Department came to her family's house in person to present the order that she be buried in the Muslim fashion. The mother gained custody of the child on 13 November 1998 and subsequently sued to declare the conversion void. [91], The Metro Tabernacle, an Assemblies of God church in Desa Melawati, Kuala Lumpur was set on fire on 8 January 2010. General interpretation about the freedom of religion as described in the constitution in Malaysia is that a person has a right to practice his or her religion freely. [7] Dr. Ahmad went on to make a distinction between promoting relativism of religions and co-operation with people in a "multi-racial, multi-religious, multi-cultural, and multi-lingual" society, and that the latter was necessary to build a strong country.[7]. The "Hindu Rights Action Force", a coalition of several NGO's, have protested these demolitions by lodging complaints with the Malaysian Prime Minister. Moreover, its failure by the Ahmadis to comply with the terms of the order will result in imprisonment of up to one year and/or a fine up to 3000 Malaysian ringgit. According to government figures[citation needed] there are about 40,000 Shiites living in Malaysia, however the unofficial figures put the numbers at more than 300,000. This case was tested by Teoh Eng Huat vs Kadhi mot of Pasir Mas Kelantan in 1986. Malaysia is a Muslim majority country with significant religious minority populations of Buddhists, Christians, Hindus, and traditional Chinese religion practitioners. The interim custody order of the High Court and proceedings were binding on the now Muslim husband as matters arising out of the Hindu marriage registered under the Law Reform Act. On 16 November 2005, Archbishop Murphy Pakiam announced that the Malaysian government had generously allocated a parcel of land in Putrajaya to the Archdiocese of Kuala Lumpur for building a Catholic church-run community centre. The Putrajaya Catholic Church Building Committee was set up on 3 October 2005. Malaysia debate religious conversion law The Malaysian government’s recent announcement that it may reintroduce a clause preventing the conversion of children to Islam by one parent has sparked debate in the country. She has declared her religion to be Hindu and has petitioned unsuccessfully to have the word "Islam" removed from her identity card. This was in spite of the earlier ruling that this act does not apply to Jeyaganesh who was now a Muslim. In response several states (Islamic laws are passed by individual states) passed laws providing for conversion by 15 (defined as "baligh" in Islam or the age of puberty). [43]. The rationale given was that the court "cannot run away from the fact that the two infant children are now muallaf" (converts to Islam). The exception are the states of Johor, Kedah, Kelantan and Terengganu, where the weekend falls on Friday and Saturday. Furthermore, the requirement under sharia law is that disposition according to wills shall not benefit any person opposed to Islam as a religion. [60], The government generally respects non-Muslims' right of worship; however, state governments carefully control the building of non-Muslim places of worship and the allocation of land for non-Muslim cemeteries. Lina Joy, who was born Azalina Jailani, converted from Islam to Christianity, arguing that it came under her right to freedom of religion under Article 11 of the Constitution of Malaysia. It even ruled that the infants were "still Hindus at the time of conversion" and that the father should have consulted the mother before converting the infants. Its current adherents are the descendants of migrants from Tamil Nadu who came to Malaysia to work on British rubber plantations. [2] However, these figures may be misleading as professing the religion of Islam is a requirement for being a Malay in the sense of the Malaysian Constitution. [41] The Religious Affairs Department had the Tampin Syariah Court issue an injunction to put her burial on hold when they found out she was Malay; the Negeri Sembilan Islamic Affairs Council and Negeri Sembilan Islamic Affairs Department then filed an ex parte application with the Syariah High Court in Seremban the next day regarding her burial. On 17 November, Azhar Mansor declared that he had not renounced Islam,[83] and Umno president Datuk Seri Abdullah Ahmad Badawi said that there should now be an end to the speculation. Without it, there is no hope that the situation will improve on its own. In an interview with Al-Jazeera in 2016 Tun Dr Mahathir Muhamad (4th & 7th Prime Minister- incumbent) conflated all Jews with the State of Israel and reaffirmed his statement that Jews rule the world by proxy and that they get others to die and fight for them. In response to the proposed construction of a temple in Selangor, Muslims chopped off the head of a cow to protest, with leaders saying there would be blood if a temple was constructed in Shah Alam. Prior to the banning of the Bup Kudus in 2002, the distribution of Malay-language Christian materials faced few restrictions in East Malaysia. However, private schools and colleges do have some legal requirements. The court awarded it with access for the father. Controversially, court rulings have assumed that all ethnic Malays must automatically satisfy this constitutional definition of a Malaysian Malay, and have therefore concluded that they must satisfy all of its requirements, so they have to be Muslim. Most Muslims in Malaysia accept this, although some have expressed disquiet since the most holy period in a Muslim's week is between Thursday evening and Friday afternoon, when the congregational Jumaat prayer is held. The growing Islamization in Malaysia is a cause for concern to many Malaysians who follow minority religions such as Hinduism. [93], There were also incidences of attacks being made onto Muslim places of worship. [6] In 1984 the New York Philharmonic Orchestra had to cancel its visit to Malaysia after the Malaysian Information Minister demanded that a composition by American-Jewish composer Ernest Bloch, be eliminated from their program. The report identifies six main challenges pertaining to the right of freedom of religion or belief in Malaysia that are closely related to the special status of Islam and the consequential disadvantaged position of other religious groups: 1) discrimination against religious minorities; 2) limitations on the rights of children relating to personal matters governed by Islamic law; 3) discrimination against persons who wish to change or adopt a new religion; 4) criminalization and prosecution of proselytism among Muslims; 5) and prohibitions on the use of the word ‘Allah’ by non-Muslims; and 6) relationship with freedom of expression and the crime of sedition.”, These challenges are visible from the experiences of members of the Shi’a and Ahmadiyah communities. The police had traced the message to a lady who had met Harussani Zakaria, mufti of the state of Perak in a meeting. However, not on paper. In a news report by Utusan Malaysia earlier this week, the Kelantan Islamic Religious and Malay Customs Council (Maik) had announced an ambitious plan to convert all the Orang Asli within its state borders to Islam by 2049. [59] Asyraf Wajdi Dusuki, Deputy Minister in the Prime Minister's Department in charge of Islamic affairs, stated that the group Atheist Republic will be investigated. In this picture taken on September 3, 2015, tourists visit the 16th century St Pauls church in... [+] Malaysia's historical city of Malacca. Malaysia is a multi-religious society, but while the Malaysian constitution theoretically guarantees freedom of religion, Islam is the official religion of the federation, as well as the legally presumed faith of all ethnic Malays. This freedom does not grant a person a right to change his or her religion "at a whim and fancy". In 2003, this issue became prominent again in the case of Shamala Sathiyaseelan v Dr. Jeyaganesh C. 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