Article 11: Freedom of Religion

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes, it was clearly stated in Article 11 of the fundamental rights and liberties that we as a Malaysian have the freedom to choose  which religion we want to commit in.

 

BUT the question is, in reality, do we really have the freedom to choose the religion we want ?

 

Based on the federal constitution, Article 11 (1) stated that every person has the right to profess and practice his religion and, subject to Clause (4), to propagate it.

 

So, yes it is proven theoretically based on the federal constitution that we have the freedom of religion. In reality, sadly to say that we don’t really have the freedom of doing it, Malaysia is still lack of religious freedom. And as Marina Mahathir has pointed out - it is a political issue. Let me explain:

Constitutionally, a Malay is a Muslim. If a Malay Muslim chooses to no longer embrace Islam, what does he become? The logical answer to this, as would be in any other part in the world, is that they become a Malay non-Muslim. But this is an impossibility in Malaysia because of our illogical constitution ('A Malay is a Muslim'). If a Malay Muslim somehow manages to no longer be a Muslim, then they also, by definition, cease to be Malay - the constitution is clear in that a Malay is someone who practices the Islamic faith.

 

 

 

 

 

 

 

 

This can be seen clearly in the case of  Lina Joy v Majlis Agama Islam Wilayah Persekutuan & 2 Ors 2005 [CA]

 

 The Malaysian Federal Court has referred the case of Lina Joy, a woman seeking legal recognition of her conversion to Christianity from Islam, to the Islamic Court. The decision increases fear already present among many non-Muslims that religious freedom guaranteed by the Malaysian Constitution cannot co-exist with Islamic law . Lina has the rights to choose religion she wanted as stated in Article 11 (1) but is restricted by Article 11 (4).

 

Another case to strengthen this point, is the case of SUSIE TEOH; TEOH ENG HUAT v KADHI OF PASIR MAS KELANTAN & MAJLIS UGAMA ISLAM DAN ADAT ISTIADAT MELAYU, KELANTAN

Susie Teo, 17 years old girl had been converted to Islam without his father’s consent.Susie Teoh has the right to choose the religion she wanted as stated in Article 11(1) but is restricted by Article 12(4).

 

Article 12 (4) : For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be decided by his parent or guardian.

 

In conclusion, theorectically proven that we as a Malaysian have the freedom of religion, but in reality is been restricted based on political issues and Islamic law.