Friday, February 22, 2008

After the Critical Assignment

At one point, after doing the some sort of job or work, people keep thinking about it and some people keep further thinking and they can't stop thinking. I just finished doing the assignment regarding the freedom of religion in Malaysia. As the Malaysian Federal Constitution provides the freedom of religion in Malaysia (Article 11 Clause 1). In Malaysia, it is the issue. The serious issue. Let be on the line, some people claimed Malaysia is Islamic state, some other claimed Malaysia as secular state, and some other people include myself claimed Malaysia as half Islamic and half secular (thanks to Miss Nurulhuda for that view with reference to the work done by Dr. Shad Saleem Faruqi).

I made a quite serious research regarding the assignment. I was reviewing many opinions and thought about freedom of religion in Malaysia. The serious issues such as Lina Joy, Shamala, Subashini, Halimatun and Attikurrahman, had open the eyes of a lot of people about this problem. With Article 121 (1A) provided that other courts cannot interfere in the matter of Islamic law where only Syariah courts have a jurisdiction. That the question arose, how about the dispute involving both Muslim and non-Muslim relating Islamic matter, which court the dispute should be settled, before the civil court or Syariah court? I leave this question to you, all readers and bloggers.

Personally, I obviously want to blame Muslim who want to convert from Islam and unfortunately, the don't understand the constitution very well. Freedom of religion not only on the basis of Article 11 (1), it must be read together with Article 11 (4) and Article 11 (5). The most important part is to understand the Article 3 which is Islam as religion of Federation means any policy or rule or whatever, must be referred to Islamic view even though FC is supreme law in Article 4. Article 3 comes first before Article 4.

Remember, Muslim not only bound by Supreme law which is Federal Constitution, Muslim also bound by Syariah law.