Freedom of Religion in Malaysia: The Situation and Attitudes of “Deviant” Muslim Groups

Summary

INTRODUCTION

In Malaysia, Islam is often regarded as the religion of the federation. However, it should be noted that the 1957 Report of the Federation of Malaya Constitutional Commission, also known as the Reid Commission Report 1957, clearly states that:

we have considered the question whether there should be any statement in the Constitution to the effect that Islam should be the State religion. There was universal agreement that if any such provision were inserted it must be made clear that it would not in any way affect the civil rights of non-Muslims. In the memorandum submitted by the Alliance it was stated the religion of Malaysia shall be Islam. The observance of this principle shall not impose any disability on non-Muslim nationals professing and practising their own religions and shall not imply that the State is not a secular State. There is nothing in the draft Constitution to affect the continuance of the present position in the States with regard to recognition of Islam or to prevent the recognition of Islam in the Federation by legislation or otherwise in any respect which does not prejudice the civil rights of individual non-Muslims (1957, p. 75).

The White Paper of the report further emphasizes:

and we recommend that freedom of religion should be guaranteed to every person including the right to profess, practise and propagate his religion subject to the requirements of public order, health and morality, and that, subject also to these requirements, each religious group should have the right to manage its own affair, to maintain religious or charitable institutions including schools, and to hold property for these purposes. We also recommend provisions against discrimination by law on the ground of religion, race, descent, or place of birth and discrimination on those grounds by any Government or public authority in making appointments or contracts or permitting entry to any educational institutions, or granting financial aid in respect of pupils or students (ibid, p. 72).

Article 3(1) of the Federal Constitution states that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation” (Laws of Malaysia Federal Constitution 1957, p. 11).