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Religious Freedom In Malaysia
Summary
The Federal Constitution of Malaysia ensures religious freedom through Articles 11 and 12. Article 11 allows individuals to practice their religion and religious groups to manage their affairs. Article 12 prohibits discrimination in education based on religion. Key cases like Minister for Home Affairs v Jamaluddin bin Othman (1989) and Minister of Education, Malaysia v. Tuan Syed Jaafar bin Syed Hassan (1999) highlight these protections. The judiciary plays a crucial role in interpreting these rights, balancing religious freedom with societal interests.Full Conversation
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Case: Minister for Home Affairs v Jamaluddin bin Othman (*)
- Facts: The case involved Jamaluddin bin Othman, who was detained under the Internal Security Act for allegedly engaging in activities that could threaten national security. His detention raised questions about the right to religious freedom.
- Issue: The main issue was whether the detention violated his rights under Article * of the Federal Constitution, which guarantees freedom of religion.
- Judgment: The court upheld that every person has the right to profess and practice their religion, emphasizing the importance of religious freedom in Malaysia.
- Facts: The case involved Jamaluddin bin Othman, who was detained under the Internal Security Act for allegedly engaging in activities that could threaten national security. His detention raised questions about the right to religious freedom.
- Issue: The main issue was whether the detention violated his rights under Article * of the Federal Constitution, which guarantees freedom of religion.
- Judgment: The court upheld that every person has the right to profess and practice their religion, emphasizing the importance of religious freedom in Malaysia.
Case: Lina Joy v Majlis Agama Islam Wilayah Persekutuan (*)
- Facts: Lina Joy, a Muslim-born woman, converted to Christianity and sought to change her religion on her identity card.
- Issue: The issue was whether she had the right to renounce Islam and whether the National Registration Department could require a Sharia court certificate for such a change.
- Judgment: The Federal Court ruled that matters of conversion out of Islam fall under the jurisdiction of the Sharia courts, highlighting the complexities of religious freedom and conversion
- Facts: Lina Joy, a Muslim-born woman, converted to Christianity and sought to change her religion on her identity card.
- Issue: The issue was whether she had the right to renounce Islam and whether the National Registration Department could require a Sharia court certificate for such a change.
- Judgment: The Federal Court ruled that matters of conversion out of Islam fall under the jurisdiction of the Sharia courts, highlighting the complexities of religious freedom and conversion
Case: Titular Roman Catholic Archbishop of Kuala Lumpur v Menteri Dalam Negeri (*)
- Facts: The case involved the use of the word "Allah" by the Catholic newspaper, *The Herald*, which was prohibited by the government.
- Issue: The central issue was whether the prohibition violated the freedom of religion and expression.
- Judgment: The Court of Appeal ruled that the word "Allah" is not an integral part of the Christian faith and its use by non-Muslims could cause public disorder, thus upholding the ban.
- Facts: The case involved the use of the word "Allah" by the Catholic newspaper, *The Herald*, which was prohibited by the government.
- Issue: The central issue was whether the prohibition violated the freedom of religion and expression.
- Judgment: The Court of Appeal ruled that the word "Allah" is not an integral part of the Christian faith and its use by non-Muslims could cause public disorder, thus upholding the ban.
Case: Minister of Education, Malaysia v. Tuan Syed Jaafar bin Syed Hassan (*)
- Facts: This case dealt with allegations of discrimination in the administration of educational institutions based on religion.
- Issue: Whether the actions of the educational authorities violated the non-discrimination clauses of Article *.
- Judgment: The court emphasized the importance of non-discrimination in educational institutions and upheld the right to education without discrimination on religious grounds.
These cases illustrate the balance between religious freedom and other societal interests in Malaysia. Would you like further details on any specific case?
- Facts: This case dealt with allegations of discrimination in the administration of educational institutions based on religion.
- Issue: Whether the actions of the educational authorities violated the non-discrimination clauses of Article *.
- Judgment: The court emphasized the importance of non-discrimination in educational institutions and upheld the right to education without discrimination on religious grounds.
These cases illustrate the balance between religious freedom and other societal interests in Malaysia. Would you like further details on any specific case?
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