Conversion Out of Islam and Its Legal Implications Under The Laws of Malaysia
DOI:
https://doi.org/10.24090/ijtimaiyya.v2i2.1638Keywords:
freedom, religion, apostasy, conversion, shariah court, federel constitution of malaysiaAbstract
The freedom to profess and practice religion is one of the basic rights in Malaysia that often catalysis legal issues and discussions. The provision in Article 11 of the Federal Constitution of Malaysia generally guarantees the said right to a person to practice his religion of choice; however, Muslims or practitioners of Islam are not as free as the non-Muslims in the matter of their conversion or reconversion to another religion. This article focuses on the actions or process for a Muslim’s conversion to other religion and the legal ramifications of such actions. This discussion identifies several actions of apostasy, such as issuing a declaration of conversion via a Deed Poll, requesting a Muslim name to be changed to a non-Muslim’s, and renouncing Islam altogether and reverting to a previously held religion (reconversion). There are legal implications for these said actions, such as fines and detention at Aqidah Rehabilitation Centres, which clearly shows that the freedom to practice religion or conversion to other religions as found in Article 11 of the Federal Constitution of Malaysia applies to non-Muslims only. In cases relating to determination of the status of Islam as a religion, the Shariah Court have been given exclusive jurisdiction to hear those cases, as mentioned in the amendment to Article 121(1A) of the Federal Constitution.Downloads
Download data is not yet available.
Downloads
Published
2017-09-29
How to Cite
Mohammad, M. N., & Kusrin, Z. M. (2017). Conversion Out of Islam and Its Legal Implications Under The Laws of Malaysia. Ijtimā Iyya Journal of Muslim Society Research, 2(2), 213–238. https://doi.org/10.24090/ijtimaiyya.v2i2.1638
Issue
Section
Articles
License
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).