Law and religion
7/13/2014
Only one way out for Malaysians seeking to drop Muslim status? - Yahoo News Malaysia
Only one way out for Malaysians seeking to drop Muslim status? The Malay Mail Online – 11 hours ago
KUALA LUMPUR, July 13 ― Do Malaysians who no longer identify as Muslims have any recourse beyond subjecting themselves to the Shariah system that only recognises adherents of Islam?
With the recent furore over the disruptions of a Taoist funeral and a Hindu wedding by state religious authorities claiming that Muslims were involved, renewed attention has been focused on non―Muslims wishing to dispute official records of their
Muslim identity.
In Malaysia, Muslims are governed by both the civil laws and Shariah laws, with the former applicable universally while the latter only has jurisdiction over Muslims.
But the parallel court systems suggest a legal limbo for Malaysians who do not identify themselves as Muslims but wish to remove the status from their records.
In a recent interview, the Department of Syariah Judiciary Malaysia (JKSM) says that only the Shariah courts are empowered to decide on the religious status of a Malaysian ― including on those who are officially Muslim but claim to be non―Muslims. JKSM cited the Federal Constitution’s Article 121 (1A) and decisions by the country’s highest court, which it said mean that the civil courts should not decide on a Malaysian’s religious status when it involves Islam.
“It is clear to us the court that has sole power and jurisdiction to decide on issues of determination of status of religion falls squarely within the Shariah court jurisdiction,” the department that oversees Shariah courts and legislation told The Malay
Mail Online.
Article 121 (1A) states that the civil courts “shall have no jurisdiction in respect of any matter within the jurisdiction of the
Syariah courts”, but the proper interpretation of this clause and the scope that it covers remains under debate.
“Now it is settled law
Only one way out for Malaysians seeking to drop Muslim status? - Yahoo News Malaysia
Only one way out for Malaysians seeking to drop Muslim status? The Malay Mail Online – 11 hours ago
KUALA LUMPUR, July 13 ― Do Malaysians who no longer identify as Muslims have any recourse beyond subjecting themselves to the Shariah system that only recognises adherents of Islam?
With the recent furore over the disruptions of a Taoist funeral and a Hindu wedding by state religious authorities claiming that Muslims were involved, renewed attention has been focused on non―Muslims wishing to dispute official records of their
Muslim identity.
In Malaysia, Muslims are governed by both the civil laws and Shariah laws, with the former applicable universally while the latter only has jurisdiction over Muslims.
But the parallel court systems suggest a legal limbo for Malaysians who do not identify themselves as Muslims but wish to remove the status from their records.
In a recent interview, the Department of Syariah Judiciary Malaysia (JKSM) says that only the Shariah courts are empowered to decide on the religious status of a Malaysian ― including on those who are officially Muslim but claim to be non―Muslims. JKSM cited the Federal Constitution’s Article 121 (1A) and decisions by the country’s highest court, which it said mean that the civil courts should not decide on a Malaysian’s religious status when it involves Islam.
“It is clear to us the court that has sole power and jurisdiction to decide on issues of determination of status of religion falls squarely within the Shariah court jurisdiction,” the department that oversees Shariah courts and legislation told The Malay
Mail Online.
Article 121 (1A) states that the civil courts “shall have no jurisdiction in respect of any matter within the jurisdiction of the
Syariah courts”, but the proper interpretation of this clause and the scope that it covers remains under debate.
“Now it is settled law