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A Brief Historical and Legal Description of Religious Liberty
The Federation of Malaysia is a monarchy composed of thirteen states. It declared independence in 1957 and joined the United Nations in the same year. The National Front Coalition has held power since 1957 in Malaysia’s multi-party system. The government nominally supports freedom of religion. It also upholds internal security laws which circumscribe freedom of the press and assembly, freedoms necessary to foster an environment of religious toleration. However, five Malaysian state governments outlaw conversion from Islam. In 1977, the Malaysian government forced all foreign missionaries to leave the country by refusing to renew their visas.1 In 1980, the Supreme Court ruled that while the Court cannot revoke a proclamation of emergency which suspends the rights of its cities, the Court may advise cabinet members to revoke the proclamation and argue that failure to do so would be an abuse of their discretion.2 Islam is the official religion, professed by 58% of Malaysians. About 1.5 million Christians, as well as Hindu, Buddhist, Sikh, Confucian and Taoist groups practice their religions under protection of the Constitution.3 The Constitution allows non-Islamic groups to worship freely but restricts them in certain matters. Ethnic Malays, regardless of religious affiliation, are subject to Islamic religious courts in civil matters such as family regulations and diet.
As author Schumann explains, Islam is not enshrined in Malaysia’s legal framework, but it pervades Malaysia’s social system:
In the ‘Constitution of Independence’ . . . Islam was declared to be the ‘official religion in the state’, it was, however, not the religion ‘of the state’. Thus, the federation did not become an Islamic State in which Islamic law would be the constitutional basis of the state and its legislations.4Since the 1980s, the government has carried out a campaign of “Islamization” throughout the country seeking to change Malaysia’s foundation as a secular state. The Malaysian government works to “infuse Islamic values” into government administration of the country, funding Islamic religious establishments to realize its goal. The State opposes interpretations of Islam which it considers “extremist or deviant,” and restricts the actions of certain sects such as the Shi’ite and Sufi.5 In March 1993, the Deputy Prime Minister stated, “the government has exposed the propagation of Shi’ite Islamic teachings . . . so as to prevent local Muslims from being misled.”6
The government nominally allows, but strongly discourages, conversion from Islam to other religions. Schumann explains, “While in general it guarantees the freedom to choose a religion and practice it according to its teachings, it prohibits any religious ‘propaganda’ directed towards the Malays which might result in a conversion to another religion.”7 Indigenous Malays, constituting over half the population, are declared Muslim at birth. The U.S. State Department reports that “[proselytizing] of Muslims has long been proscribed by law in some states and strongly discouraged in other parts of the country.”8 The states of Selangor, Johor, Melaka, Kelantan, and Kedar have outlawed conversion from Islam, making apostasy punishable by death.9 In 1990, the Malaysian Supreme Court held that the Federal Constitution is a higher legal authority than inconsistent state laws, giving parents the right to determine the religion of their children under 18 years of age. The Court’s ruling protects non-Muslims from state laws, important in cases of religious conversion which abide by Islamic law and set the age of majority not at 18, but at the age of puberty.10
Christian Solidarity International, in their map of “Suppression of Religious Liberty around the World,” states that Malaysia commits “some violations, medium severity, of basic religious liberties.
Constitutional Provisions and Legislation Relating to Religion
Malaysia promulgated the current Constitution in 1957 upon its independence and amended it in 1963. Provisions relating to freedom of religion are as follows:
Article 3 (1): Islam is the religion of the Federation; but other religions may be practiced in peace and harmony in any part of the Federation.Article 8 declares that “all persons are equal before the law and entitled to equal protection of the law,” but states that this article “does not prohibit . . . any provision or practice restricting office or employment connected with the affairs of any religion, or of an institution managed by a group professing any religion, to persons professing that religion.”11
Article 10 states that, subject to proper requirements, (a) “every citizen has the right to freedom of speech and expression, (b) all citizens have the right to assemble peaceably and without arms; and (c) all citizens have the right to form associations.”
Article ll (1): Every person has the right to profess and practice his religion, and subject to Clause (4), to propagate it.
(2): No person shall be compelled to pay any tax the proceeds of which are specially allocated in whole or in part for the purposes of a religion other than his own.
(3): Every religious group has the right (a) to manage its own religious affairs; (b) to establish and maintain institutions for religious or charitable purposes; and (c) to acquire and own property and hold and administer it in accordance with law.
(4): State law . . . [and] federal law may control or restrict the propagation of any religious doctrine or belief among persons professing the religion of Islam.
This Article does not authorize any act contrary to any general law relating to public order, public health or morality.12
In 1986, Malaysia passed a law “banning the use of 16 words in Christian literature, including ‘Al-Kitab’ (Bible), ‘wayhu’ (revelation) and ‘doa’ (prayer).” The list has since been reduced to only four words, including “Allah” (God), “Baitullah” (Temple of God) and “solat” (pray).13
The Ninth Schedule, List 11 enumerates the powers of the states. It mandates, “Islamic court . . . shall have jurisdiction only over persons professing the religion of Islam.”14
The Societies Act of 1966 requires that any association of seven or more members register with the government as a society, and the 1967 Police Act mandates that persons organizing a public assembly, except workers on picket lines, obtain a permit before assembling.15
Under Section 73 of the Internal Security Act of 1960, the government is authorized to detain an individual for up to 60 days if they believe “that he has acted, or is about to act, or is likely to act, in a manner prejudicial to the security of Malaysia or any part thereof.” The act also authorizes renewable detention without trial for two years.16
In 1991, the state of Johor passed the “Control and Restriction of the Propagation of Non- Islamic Religions Bill.” Article 4 (1) states, “A person commits an offense if he persuades, influences, coerces or incites, or holds or organizes any activity, performance, entertainment, or presentation whose content is designed to persuade, influence or incite a Muslim to become a follower or member of, or be inclined toward a non-Islamic religion, or to forsake or disfavor the religion of Islam.” The law provides that Christians may be fined up to $4,000 or imprisoned for up to four years for “exposing a Muslim to Christian literature, gospel music or even an evangelistic car bumper sticker.”17
In 1992, Johor mandated that all building applications, including applications to construct churches, be approved by seven state agencies, including the Islamic Affairs Department.18
Recent Reported Cases of Religious Intolerance
In addition to committing acts of religious intolerance, the federal government does not protect the fundamental rights necessary to ensure freedom of religion. Amnesty International argues that the government does not currently protect such liberties stating that “In the Malaysian context, the balance between governmental power and individual freedom has been drawn in a manner which makes governmental authority in matters of arrest and detention all-powerful: the individual is at the mercy of the executive branch of the state.”19 During the past decade, the Malaysian government has conducted a vigorous campaign to Islamicize the country at the expense of religious minorities. In the process, the government has, according to News Network International, affected “banking systems and educational curricula, corporate decisions and race relations.”20
BANNED MUSLIM MINORITIES. In extreme situations, the government bans the religious actions of certain “deviant” Muslim movements. In November 1991, a Malaysian radio broadcast reported that the government was “monitoring the activities of Muslim students in schools and institutions of higher learning to ensure that they are not involved in the Al-Arqam movement.”21 Al-Arqam is a strict Muslim group of the Sufi sect which aims, according to the Bangkok Post, “to bring wayward Muslims back to the faith and to show, by example, how a good Muslim should behave.”22 While the government in 1991 banned the religious activities of the movement, saying that it would take legal action against those who “spread deviationist teachings,” it allowed Al-Arqam’s economic activities to continue unhampered.23 On August 5, 1994, the government announced a ban on the movement to prevent it “from practicing and propagating its faith in the open.” To ensure obedience to the Islamic decree banning the group, the Malaysian government has applied the Education Act, Society Act, Printing Presses and Publication Act, the National Film Development Act and the Internal Security Act against Al-Arqam’s movement.24 The government originally claimed that its actions were justified because Al-Arqam, the leader of roughly one hundred thousand people and operator of over 250 schools in the country, threatened national security.25 However, the Islamic Affairs Division has admitted that its previous statement was a “propaganda exercise” calculated to prepare the people “for a comprehensive Islamic decree banning the group.”26 Many speculate that the Government’s actions stemmed from fear that Al-Arqam would cause political difficulties.
NEGATIVE SOCIAL EFFECTS OF ISLAMIZATION. The government’s Islamization campaign not only limits the legal rights of “deviant” Muslims, but it also encourages negative social attitudes toward non-Muslims. The senior pastor of Grace Assembly Church in Malaysia states, “Many of my members say they feel like second-class citizens. We Christians are treated with suspicion and looked down on by many Malays. [Islamization] is breeding resentment among many non-Muslims and causing racial and religious tensions which used to hardly exist. In April 1992, a Malaysian pastor was killed in her church. Police assert that they suspect that Indonesian immigrants are responsible for the murder.27
The President of the Christian Federation of Malaysia argues, “as Malays surge forward to recapture Islam’s ‘golden age,’ the religious rights of non-Muslims are gradually eroding away.”28 NNI reports that, since the late 1980s, Malay universities have required students to complete studies in Islamic civilization as a graduation requirement. Christian teachers report increasing opposition to the meeting of extra-curricular Christian student fellowship groups.29 The government awards more than 80 percent of its scholarships for higher education to Malays, grants Malays a 15 percent discount off the selling price of property, and gives Malay businessmen special business incentives. Almost all senior political appointments are granted to Malays, and the military, police force and education department are controlled by Muslims.30 The government disproportionately allows the building of mosques rather than non-Muslim places of worship. Official land zoning policies in Malaysia’s major cities allow government approved mosques at a 1:800 ratio to Muslims while they permit non-Muslim churches or temples at a 1:4000 ratio to worshippers.31
Islamization is affecting Sabah, a province where the population is only six percent Malay. From 1985 to 1994, Sabah’s Chief Minister was a Roman Catholic who promoted religious freedom. In March 1994, the United Malay National Organization, a pro- Muslim group known for suppressing religious liberty, won the elections. Christians fear that the new government will prevent them from proselytizing among indigenous tribal groups. In Sabah, as in the rest of Malaysia, all religious groups are forbidden from proselytizing Muslims. While Christians fear decreased religious liberty, they agree that the government will probably not restrict religious freedom in the short term. One Christian leader speculated, “after [the government] has consolidated its powerbase in Sabah ... we might be looking at quite a different story.”32
RESTRICTIONS ON CHRISTIAN PLACES OF WORSHIP. Religious minorities often assert that state governments delay the approval of building permits for non-Muslim places of worship. The U.S. Department of State reported that municipal authorities, reacting to the dismay of the Muslim majority, in August 1993 rescinded approval for construction that they had given in 1992 to a Catholic church headquarters.33 When the Good Shepard Lutheran Church in Petaling Jaya applied for a permit for expansive reconstruction for their 20-year-old building, officials informed the Church that the building size they applied for was too large.34 A Protestant seminary instructor stated, “The fact that there is not outright persecution against Christians here in Malaysia does not mean the church is not under restriction. If anything, it speaks of how effective the government’s system is—they don’t need to revert to brute force in order to control the spread of non-Muslim religions.”35
The government has a long established habit of persecuting members of the New Testament Church (NTC), revoking church registrations, confiscating spiritual publications and banners, and arresting those who preach the gospel. In 1980, the government imprisoned one NTC pastor for distributing a pamphlet entitled “Idols are False Gods” in a Chinese Buddhist temple. The Registrar of Societies deregistered the NTC because of their “aggressive and abusive manner trespassing into Buddhist temples and Christian churches.”36 In 1991, the government arrested nine NTC members for “illegal assembly,” later fining and releasing them.37
RESTRICTIONS ON CHRISTIAN FREEDOM OF PRESS. In keeping with its 1986 law which bans certain Christian words, the Malaysian government restricts the publication and dissemination of Christian literature. The U.S. Department of State reports that the government “has limited the circulation of a popular Malay-language translation of the Bible,” and that some states restrict the use of Christian religious terms expressed in Malay language. The Bahasa Malaysian Bible is one of the books banned from sale in public bookstores.38 In June 1993, News Network International reported that Malay authorities, “temporarily withheld a shipment of Indonesian language Christian literature, claiming it included ‘forbidden’ words.”39 The government released the 1,445 books and Bibles after a two week internment and warned the publisher that its authorities would close its ministry if it refused to cease its activities.40
ENDNOTES
1 Andrew Wark, “Christians in East Malaysia Fear Encroachment of Islamic Society.” News Network International: Special Report (September 7, 1994): 3.2 Teh Cheng Poh v. Public Prosecutor, Malaysia (LR (1980) AC 458 at 470-74), cited in Subrata Roy Chowdhury, Rule of Law in a State of Emergency (New York: St. Martin’s Press, 1989): 62-63.
3 “Malaysia Consolidates its Islamization Campaign.” Special Report: News Network International (August 17, 1994): 2.
4 Olaf Schumann, “Christians and Muslims in Search of Common Ground in Malaysia.” Islam and Christian Muslim Relations Vol. 2, No. 2 (December 1991): 242.
5 U.S. Department of State (1993): 687.
6 “Minister Wary of Shi’ite Islamic Teachings.” (FBIS-EAS-93-042, 5 March 1993): 26.
7 Schumann, 243.
8 U.S. Department of State (1993): 687.
9 Andrew Wark, “Is the Future of the Malaysian Church at Risk?” News Network International: Special Edition (November 10, 1992): 20.
10 U.S. Department of State (1993): 687.
11 Datin Shaikha Zakaria, “Malaysia,” in Albert P. Blaustein and Gisbert H. Flanz, eds., Constitutions of the Countries of the World (Dobbs Ferry, NY: Oceana Publications, Inc., 1993): 25.
12 Groves and Holt, 27-28.
13 “Malaysia.” News Network International: Special Edition (June 30, 1993): 4.
14 Kenneth Robert Redden, ed., “The Legal System of Malaysia,” Modern Legal Systems Encyclopedia, Vol. 9 (Buffalo, NY: William S. Hein & Co., 1990): 9.200.32.
15 U.S. Department of State (1993): 686-687.
16 Malayan Bar Council, Memorandum on Internal Security Act, February 1979, quoted in “Report of Amnesty International Mission to the Federation of Malaysia, 18 November-30 November 1978,” (London: Amnesty International Publications): 2.
17 Wark, “Is the Future of the Malaysian Church at Risk?” 21.
18 ibid, 22.
19 “Report of Amnesty International Mission to the Federation of Malaysia,” 14.
20 “Malaysia Consolidates its Islamization Campaign,” 2.
21 “Government Monitors Banned Islamic Movement” (FBIS-EAS-91-232, 3 December 1991): 25.
22 “Malaysia: Malaysia’s Ban of Al-Arqam Poses Risks for Regional Security.” Bangkok Post (August 7, 1994): LEXIS 2.
23 “Legal Action Set for Islamic Deviationists” (FBIS-EAS-91-232, 3 December 1991): 25.
24 “Malaysia: Malaysia’s Ban of Al-Arqam Poses Risks for Regional Security,” LEXIS 2.
25 “Malaysia Consolidates its Islamization Campaign,” 1.
26 “Malaysia: Malaysia’s Ban of Al-Arqam Poses Risk for Regional Security,” LEXIS 3.
27 “Malaysia.” News Network International: Special Edition (June 26, 1992): 4.
28 “Malaysia Consolidates its Islamization Campaign,” 2.
29 ibid, 3.
30 Wark, “Is the Future of the Malaysian Church at Risk?” 21.
31 ibid, 22.
32 Wark, “Christians in East Malaysia Fear Encroachment of Islamic Society,” 4.
33 U.S. Department of State (1993): 687.
34 Wark, “Is the Future of the Malaysian Church at Risk?” 22.
35 ibid.
36 18 September 1992 “Letter from the Special Rapporteur of the Government of Malaysia,” in United Nations: Economic and Social Council, Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, E/C.4/1994/79 (20 January 1994): 96-98.
37 ibid.
38 Wark, “Is the Future of the Malaysian Church at Risk?” 21.
39 “Malaysia.” News Network International: Special Edition (June 30, 1993): 4.
40 ibid.
Other Sources:
June 23, 1995: Letter from Ramli Jamaluddin, First Secretary (Information) - Embassy of Malaysia.
Source: Handbook on Religious Liberty Around the World, Pedro C. Moreno, Editor. Charlottesville, VA: The Rutherford Institute. This report is reprinted here by special arrangement with the Rutherford Institute and may not be reproduced or mirrored on another webside without written permission of the Rutherford Institute.
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