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Religious freedom does not apply to Muslims here, says retired judge |
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Wednesday, 19 November 2008 09:15pm |
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©Bernama
(Used by permission)
PUTRAJAYA, Nov 19 (Bernama) -- The concept of religous 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, 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 proselyte
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.
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