Apostasy and Article 11 of the Federal Constitution: Personal Choice or Third Party Confirmation?
1.0 Introduction
“Those who want the government to regulate matters of the mind and spiritual are like men who are so afraid of being murdered that they commit suicide,” said Harry S. Truman. Religion or spiritual belief is a vast idea within the mind of every human being those who believes on his almighty Creator. Freedom of religion and conscience is the oldest version of internationally recognized human rights which is purely touches on individual liberty. Protection against freedom of religion was granted as early as before the civilization evolved. In a lexical meaning, religion is a belief or faith towards the Almighty and the freedom to profess a religion of his/her choice became a debate among many people in this civilized world.
Based on the above notion, choice of the religion or changing of spiritual belief known as “apostasy” or renunciation of a religious faith means conversion from Islam to another faith became a sensitive issue in many countries and Malaysia is not an exception to it. Article 11 of the Federal Constitution of Malaysia stated that, “Every person has the right to profess and practice his religion.” However, this article imposed a restriction to propagate any religious belief among persons professing the religion of Islam via subsection (4) of the same article due to the special privilege owed by the religion of Islam as a religion of Federation under the Article 3 of the said constitution.
Upholding restrictions and using connotations of freedom of religion under the supreme law of Malaysia raise many questions among human right claimers whether Malaysia emphasis the real sense of religious freedom or i...
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...gulations which are violating should be considered by the courts without fear and must be fair decision. In other words, even since 1988 the judiciary in crisis for a fairer separation of power, but on religious issue particularly, a neutral decision must be made and do not give any room for political enrolment into their decision making power. Thus, in paraphrasing the religious freedom and apostasy whether “it is a personal choice or third party choice?” the whole events clearly shows that it is no more to be a personal choice. Other factors and elements controlled our rights for religion alternation or practices. Even without the renunciation, practicing own religion do not get proper reputation in certain instances. In a multi-ethnic society, tolerance are very much vital to maintained and understand the religious belief for long term unity and progressment.
“ It remains to be noted that none of the great constitutional rights of conscience, however vital to a free society is absolute in character. Thus, while the constitutional guarantee of freedom of religion goes a long way, it does not serve to protect acts judged to be morally licentious, such as poly amorous marriages. Children cannot be required to execute the flag salute which is forbidden by religious belief… Similarly freedom of speech, often defended by the courts, does not extend to the seditious utteran...
No person or persons...shall from henceforth be any waies troubled, molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof.
On October 11, 2006, district Judge Paul Paruk dismissed a lawsuit case between plaintiff, Ginnah Muhammad, and defendant, Enterprise-Rent-A-Car, because of the plaintiff’s refusal to remove her veil in court (Murray,2010). The United States is viewed as a beacon of light for liberal democracies because of the widespread involvement of citizens in government, free elections, and emphasis on human rights. The US Department of State reports, “The protection of fundamental human rights was a foundation stone in the establishment of the U.S. over 200 years ago.” The US still holds the objectives behind its foundation in high regard and has gotten involved in spreading the ideas of the Universal Declaration of Human Rights across the globe. Article 18 in the Declaration of Human Rights and Article One in the United States Constitution issue freedom of religion for all individuals. Judge Paruk’s demand for Muhammad to remove her veil was viewed as a violation of civil rights and infringement of the free exercise clause in Article One by some, but other citizens saw this demand as just and necessary in order to uphold the Sixth Amendment which calls for fair trials (Paruk and Walid, 2006). The government’s main aim is to uphold constitutional rights, and there is debate about which rights hold precedent and are most valuable (Murray, 2010).
In the Ottoman Empire and the Shraia law, non-Muslim people have different regulations. As a Muslim Empire, Ottoman Empire has been the last Islamıc Empire. This is why, the national system in the Ottoman Empire was based on Islamic Laws. These laws included the regulations about the Muslims, Christians, Jews, and the Idolaters. Idolaters had been forced to convert their religion to Islam or they would be executed. Next, for the Christians and Jews the regulation was different. Because of the fact that these are also “abrahamic religions”, they could choose to be executed, to convert their religion to Islam or the subjection. At this point, the subjection meant to accept the superiority of the Muslim people and the Islam, and also accept paying the taxes that non-Muslim peo...
Religion is considered as a pervasive force in this world. It shapes people as to how they behave and interact with almost everything present in the society. Influencing behavior, character formations, ideals, policies, standards are just among the dimensions and societal perspectives affected and impacted by religion. Because of these applications and implications in human lives and existence, religion should be understood deeply, particularly, on how it affects the world. Looking at the American perspective of the term "religion," it could be simply
The individual right to freedom of religion means that you can freely practice your religion without the government interfering. It’s in the first amendment of the Bill of Rights, in the Constitution, it protects all U.S. citizens to a certain extent. The first amendment went into effect on December 15th, 1791. 1The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” (American Civil Liberties Union). There are two clauses in the U.S. Constitution that guarantee freedom of religion. The Establishment Clause which prohibits the government from passing legislation to establish an official religion. There is also the Free Exercise Clause, it prohibits the government from interfering with someone’s practice of religion (LII). The first amendment also sets a fine line between states’ rights and the churches rights (Black,130). Throughout time, many things have happened to where the first amendment has had to been set into play.
“Islam: A Worldwide Religion and its Impact in Southeast Asia.” N.p., n.d. Web. 29 March 2014.
Lastly, but most importantly, understanding the culture and its background provides a valuable insight and an ‘umbrella theme’ of a country. According to Geert Hofstede’s Cultural dimensions, Malaysia has one of the highest power distance index in the world, with one of the lowest uncertainty avoidance index. It is highly related to the beliefs of Islam and this creates a society where leaders have virtually ultimate power and authority, and the rules, laws, and regulations developed by those in power, reinforce their own leadership and control. It is not unusual for new leadership to arise from armed insurrection – the ultimate power, rather than from diplomatic or democratic change .
According to Sayyid Muhammad Rizvi (n.d), Islam does not permit apostasy or irtidād because in Islam it is equivalent to injustice. In Islam, the idea of treachery is not constrained to political and military viewpoints; it additionally has an otherworldly and social measurement to it. In the Islamic request of hallowedness, Allah, then the Prophet, and afterward the Qur'ān involve the most astounding positions.
Jali, N.H.M., M. Redzuan, A.A. Saman, and I.H.M. Rashid. 2010. Malaysian Studies: Nationhood and Citizenship. Petaling Jaya: Prentice Hall.
Kadivar, Mohsen. "Freedom of Thought and Religion."Current History (New York, N.Y.: 1941) Humanities Full Text. 2005. Web.
“Provisions of the International Religious Freedom Act.” Facts On File Issues and Controversies. Jan 21 2000:18.
Religion is the one element of life that has connected the races and societies of the world for hundreds of years. It has given meaning to lives that may seem otherwise hopeless. Religion has provided for a universal language and culture among those who believe in a higher power. The spirit or being receiving the worship and praise may not be the same, but the practices are usually similar and serve the same purpose--to give direction, insight, courage, and a divine connection.
Religion is the foundation for all societies and cultures. Religion makes people who they are. Because the United States was founded on the principles of religion, the citizens of this country can practice whatever religion they like without being persecuted. The liberties provided under the Constitution allow individuals to practice their religious beliefs openly and without judgment. These beliefs provide guidance and structure in the lives of these individuals. Religion influence many aspects of day to day issues such as life choices, dress, and education. Religion is an important entity in the lives of many. Religious freedom includes the right to assemble for private and public worship, determine the conditions of membership, give religious instructions, preach its message publically, and publish and circulate religious material (Religious Freedom).
The definition of religion is the belief in and worship of a superhuman controlling power, especially a personal God or gods(Merriam-Webster). After this semester I have come to realize that religion is a much more advanced, complicated, and personal definition. Religion can’t be defined in one word or one term because there is a lot that religion entails. There really is no concrete answer of what religion is and the definition varies among different groups of people and individuals.