Freedom of Religion in Malaysia - Conversion From Islam

Conversion From Islam

Muslims who wish to convert from Islam face severe obstacles. For Muslims, particularly ethnic Malays, the right to leave the Islamic faith and adhere to another religion is a controversial question. The legal process of conversion is also unclear; in practice it is very difficult for Muslims to change their religion legally.

In 1999 the High Court ruled that secular courts have no jurisdiction to hear applications by Muslims to change religions. According to the ruling, the religious conversion of Muslims lies solely within the jurisdiction of Islamic courts.

The issue of Muslim apostasy is very sensitive. In 1998 after a controversial incident of attempted conversion, the Government stated that apostates (i.e., Muslims who wish to leave or have left Islam for another religion) would not face government punishment so long as they did not defame Islam after their conversion. However, whether the very act of conversion was an "insult to Islam" was not clarified at the time. The Government opposes what it considers deviant interpretations of Islam, maintaining that the "deviant" groups’ extreme views endanger national security. In 2005 international media attention focused on the Sky Kingdom sect whose founder Ayah Pin claimed to be God, and whose members – mostly Malays – were accordingly charged with religious "deviancy" and "humiliating Islam."

In the past, the Government imposed restrictions on certain Islamic groups, primarily the small number of Shi'a. The Government continues to monitor the activities of the Shi'a minority.

In April 2000, the state of Perlis passed a sharia law subjecting Islamic "deviants" and apostates to 1 year of "rehabilitation" (under the Constitution, religion, including sharia law, is a state matter). Leaders of the opposition Islamic party, PAS, have stated the penalty for apostasy — after the apostates are given a period of time to repent and they do not repent — is death.

Many Muslims who have converted to Christianity, Hinduism, Buddhism, Sikhism and other religions lead "double lives", hiding their new faith from friends and family.

General interpretation about the freedom of religion as described in the constitution in Malaysia is that a person has a right to practice his or her religion freely. This freedom does not grant a person a right to change his or her religion "at a whim and fancy". For example a Muslim who wants to convert to another religion must get an explicit permission from a syariah court. The syariah courts rarely grant such requests, except in cases where a person has actually lived his or her whole adult life as a person of different religion, and only wants to change the official documents to reflect this fact. The Islamic interpretation of the situation is that only the syariah courts can decide who is a Muslim and who is not. A person does not have such freedom, and so cannot have a say in the judgement given in a syariah court.

The Lina Joy case challenged this view of the situation by taking the problem of apostasy to the Federal Court in 2007. Lina Joy lost the case and was denied identification as a Christian on her identification card. This cleared the situation about the overlapping areas of jurisdiction between the Islamic and the secular courts in Malaysia.