Right to Change Religion in Malaysia

Hamid, Noor 'Ashikin and Makhtar, Maheran and Abd Ghani, Mohd Norizan (2014) Right to Change Religion in Malaysia. Journal of Islamic law Review, 10 (1). pp. 53-76. ISSN 0973-2918

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Abstract

A Muslim’s decision to change religion in Malaysia was not an autonomous one. Faiza J opined that if a person is allowed to renounce Islam without obtaining declaration from the religious body, it would create chaos and confusion with the administrative authority managing Islamic affairs, the Muslim community as a whole and the non-Muslim community as a whole. The paper attempts to look at the issue of right to change religion in Malaysia by firstly examine the provisions of the Quran and Sunnah of the law of apostasy and secondly discuss provisions in the Federal Constitution especially on 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, al-Hadith, books, journals, newspapers’ articles, conference proceedings and Universal Declaration of Human Rights 1948. Having read through the relevant articles of the Constitution, it appears that apostasy, or the right to apostate is not clearly provided for in the Federal constitution. It is suggested that should apostasy is guaranteed by the Constitution, it may be necessary to have a clear provision in Article 11 on the right to change religion as clearly provided for under Article 18 of the Universal Declaration of Human Rights 1948.

Item Type: Article
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: NOOR 'ASHIKIN HAMID
Date Deposited: 17 Aug 2015 08:18
Last Modified: 17 Aug 2015 08:18
URI: http://erep.unisza.edu.my/id/eprint/3070

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