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A Malaysian's contemporary view:
'Law of Apostasy and Freedom of Religion in Malaysia'

Law of Apostasy and Freedom of Religion in Malaysia.

Perhaps, you would like to read a dissertation by Mohamed Azam Mohamed Adil, MARA University of Technology, Shah Alam, Malaysia. Abstract:

The right to freedom of religion is one of the fundamental rights guaranteed in Islam. This is emphasised in verse 256 of Sura al-Baqara: "Let there be no compulsion in religion". However, the majority of classical Muslim jurists opine that the right to freedom of religion is not applicable to Muslims, that Muslims who intend to leave the Islamic faith or who have apostatised should be condemned to the death penalty.

In reality, punishment for apostasy is not prescribed in the Qur'an and had not been practised by the Prophet (S.A.W.). Instead, the Prophet (S.A.W.) had imposed the death penalty upon apostates because their acts were contemptuous of, and hostile towards, Islam. Muslims who merely renounced the Islamic religion were only required to undergo a process of repentance (tawba). The right to freedom of religion is guaranteed in Article 11(1) of the Federal Constitution of Malaysia. However, as Islamic matters belong to the state jurisdictions, most provisions in relation to apostasy are under the exclusive jurisdiction of the Shari'a Courts. Apostates are subject to punishments such as fine, imprisonment and whipping.

This article makes an in-depth study of the right to freedom of religion and the issue of apostasy from the Islamic law perspective, and argues that Muslims who intend to leave the Islamic faith are only required to undergo a process of repentance (tawba), and any punishment prescribed for apostasy is contrary to the right to freedom of religion.

The full text is published in the Asian Journal of Comparative Law, Vol. 2 : Issue 1.

Mohamed Azam Mohamed Adil (2007) "Law of Apostasy and Freedom of Religion in Malaysia," Asian Journal of Comparative Law: Vol. 2 : Iss. 1, Article 6.

Or download the recommended citation at: http://www.bepress.com/asjcl/vol2/iss1/art6.

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Comments

I am a non-Muslim.

Question : But what happens after "tawba"?

Apparently, during "tawba" the Muslim will come to his senses and not convert.

But what happens if the convert insists on leaving Islam? The process of "tawba" (as practised in Malaysia) resembles detention and confinement. If "tawba" means detention forever, then how many Muslims will choose this path? What I mean to say is, if somebody wants to leave Islam and you lock him up for decades, it defeats the whole purpose of converting openly.

Also, guys, please respect the Muslim faith when discussing issues like this.

http://blog.limkitsiang.com/2007/06/27/tolerance-my-ass/#more-353

Tolerance my ass!
I have received the following very angry email from MS, with a very ferocious heading which I am using - breaking a rule of this blog:

Couldnt help feeling this angry today. I know at my age, I am supposed to be mellowing out, looking forward to a nice chilled day and now what? I find myself with the same amount of righteous anger as I had when I was 16 - going through puberty and finding the world most unfair that my mum wouldnt allow me to have my first pair of cargo pants!

I was sitting in the banana leaf shop this morning having a roti and a coffee when a group of JAWI officers entered the premises. 10 officers to be exact, into this little shop. They spent a good 20 minutes going through the place (and it is a small place!) and finally one officer writes out a writ and gives it to the cashier. They then left. Curious, I asked the cashier what that was all about and he replied that they were not allowed to have their little altars and pictures of their deities in their shop “because otherwise, Muslims cannot come into their shops” . What utter nonsense! Are we still living in the Malaysia that is so “famed” for its “religious tolerance”?? The shop is not a mamak shop. It is an Indian Banana leaf shop. Why would it be surprising that they should have signs of their religious beliefs in their own space? I didnt think that sort of thing was illegal (please correct me if I am wrong). What is wrong with this picture? Will it come down to the point when my Muslim friends should not visit my home just because I have a cross or a chinese altar there? PLEASE!

Better yet, I discovered as I was leaving , that the JAWI personnel had targetted the other 3 banana leaf shops along that row of old shops (near the vets office - off Jalan Maarof). There were at least 4 nos of vans for the officers , ALL double parked on the main road and causing an inconvenience to the other road users. Is there a separate set of laws that govern these people? Notwithstanding the fact that they are trampling all over the definition of religious tolerance in this country , they also flaunt the general laws of the land. This makes me really angry and sad about the state of our country.

I now find it difficult to speak up for Malaysia when there are arguments comparing Malaysia to other countries. It is sad that we can have the once world tallest building and still think like we came out of the jungle yesterday.

My Personal Big Sad Day today

MS

I'm a non-muslim Malaysian, living in the Middle East and trying to protect the good name of Malaysia.

The irony of it all, some Muslims in Malaysia try so hard to be "more Muslim" to emulate their Arab brothers.

But the truth is, their Arab brothers are nothing like the extremist behaviour of some Malaysian muslims.

These JAWI ppl should make a visit to Dubai, Abu Dhabi, Oman, Bahrain and take a look at the real Muslim for themselves.

The Muslim society in the Middle East is a peace loving, gentle and most beautiful society. Thick with culture and progressive thinking.

Of course, you have the Gazza Strip and stuff. Well, if Malaysians allow our home grown extremists to prosper, we WILL have Gazza in our own backyard.

CI

Differentiate between THE RELIGION and the FANATICS of the religion.

The same applies to those right wing religious fanatics of Christianity ie the TV Evangelists in the US. They are no better than the JAWI officers, in fact worse, because they have their own TV stations and have the ears of the President of the US.

Those JAWI officers are SCUMS if that is what they do to the Indian shops.

Curiously, why is the Indian community being harassed, religion-wise. The court cases etc.

It is because those UMNO apparatchiks in JAWI know for the fact that MIC is voice-less and self interest the the President of MIC is biding his time to retire with a Tun-ship. So the President of MIC is not going to rock any boat with those UMNO and UMNO Youth apparatchiks.

I really feel very sorry for the Indian voters who still think MIC is their saviour in Malaysia.

Ayoyo Jeff, no need to discuss this academic paper. He did it for academic purpose. Remember Rais Yatim's thesis for his PhD? And heard his comment about it when he is in the gomen? When he was outside the gomen, his singing was different and when he is in the gomen, of course la, he has to sing to the gomen's tune.

Cheers.

If you want to see religious tolerance you hardly found it in Klang Valley or any BN controlled state. But you can see it in Kelantan. Only those who have knowledges about islam know how to practice Islam.

Since when does Jawi has any authority over non-Muslims?

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