Friday, April 1, 2011

Article 11 - Freedom of Religion, not really

Malaysian Federal Constitution - Article 11

Article 11 provides that every person has the right to profess and practice his own religion. Every person has the right to propagate his religion, but state law and, in respect of the Federal Territories,federal law may control or restrict the propagation of any religious doctrine or belief among Muslims. There is, however, freedom to carry on missionary work among non-Muslims.

Sense anything wrong? I believe the lawmakers failed to differentiate the boundaries of public and civil laws.

Article 11 is a supposed to be a public law - law that concerns the state, the relationship between the state and the individual. It is unfortunately allowed a loophole into civil law which governs rules for the conduct of relations and transactions between persons or organisations.

The worst thing is the purported "laws preventing proselytising to muslim" is used not just for prevention. It is used to control the conduct and practice of other religions with respect to Islam. This is unconstitutional.


There is a need to revert to the original scope of those laws to only "prevent proselytising to muslims" in its orginal context. A clear offence is committed when a person or a group intentionally spread other religious doctrine to a muslim. The main aim of this law is to protect and not to offer exclusivity.

Other enactments by the state laws to uphold this principle must NOT intervene with other religions, especially those that provide exclusivity and reservation of the use of words and expressions. It surves no purpose asking others not to comment on a religion when the religion itself is segregating between believers and non-believers. Some even go to the extent of calling non-believers as infidels and down playing other religious beliefs.