Blasphemy law in Malaysia

Last updated June 28, 2024

Malaysia curbs blasphemy and any insult to religion or to the religious by rigorous control of what people in that country can say or do. Government-funded schools teach young Muslims the principles of Sunni Islam, and instruct young non-Muslims on morals. The government informs the citizenry on proper behavior and attitudes, and ensures that Muslim civil servants take courses in Sunni Islam. The government ensures that the broadcasting and publishing media do not create disharmony or disobedience. If someone blasphemes or otherwise engages in deviant behavior, Malaysia punishes such transgression with Sharia or through legislation such as the Penal Code.

Penal Code

Articles 295-298A of the Malaysian Penal Code provide penalties for those who commit offenses against religion. The penalties range from ^{[ clarification needed ]} up to three years in prison or a fine of up to US$1,000 (approximately).^[1] Prosecutions for blasphemy usually target those who offend Islam, but an insult to any religion can give rise to prosecution.^[1]^[2]

The judicial system

The Malaysian Federation's judicial system is based upon English law.^[3] The system has two types of courts. Secular courts deal with civil and criminal law. Sharia courts deal with matters that involve Islamic law: marriage, inheritance, apostasy, religious conversion, and custody among others.^[1]^[4] Malaysia's judicial system has a Federal Court, a Court of Appeal, High Courts (secular and Sharia in some states), Sessions Courts, Magistrate's Courts, and Juvenile Courts. The Federal Court reviews decisions referred from the Court of Appeal, and the Federal Court has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state.^[3]

In May 2007, the Federal Court ruled that Muslims are not entitled to freedom of worship, even though such freedom is guaranteed by Malaysia's Constitution. By a two-to-one decision, the Court held that the secular courts have no jurisdiction over any Islamic matter even if non-Muslims are involved.^[5] In July 2007, the Federal Court ruled that a Sharia court has jurisdiction over any matter that involves non-Muslims only if a state legislature gives the Sharia court such jurisdiction.^[6] The Federal Court's decisions have for context the Constitution's Article 121(A), which states that any issue which falls under the jurisdiction of a Sharia court cannot be overruled by a secular high court.^[7] The Court's decisions have also for context the Constitution's Article 3, which states that Islam is the religion of the Federation.^[4]

The Government maintains an official list of fifty-six sects of Islam which the government considers "deviant" and a threat to national security. Muslims who deviate from accepted Sunni principles may be detained and subjected to mandatory "rehabilitation" in centers that teach and enforce government-approved Islamic practices. Muslims generally may not convert to another religion, although members of other religions may convert to Islam.^[4]^[8]

Malaysia requires every citizen (from age twelve) to be issued with a national identity card, the MyKad. This card has a microchip which contains, among other information, the name of the cardholder’s religion. All Malays (an ethnic group comprising more than fifty percent of the population)—of whatever religion—have cards with the word "ISLAM" on the card's face.^[4]^[7] The identity cards enable "religious police" to identify Muslims who are violating Islamic precepts.^[4]

Education

Government-sponsored schools require Muslim children to receive Islamic religious instruction. The schools require non-Muslim children to take morals or ethics courses.^[4] Student assemblies frequently commence with recitation of a Muslim prayer.^[4] The Government requires all Muslim civil servants to attend government-approved religion classes.^[4]

The media

The government strictly controls what is broadcast and published.^[9] The Printing Press and Publications Act 1984 prohibits the publication of articles or pictures that could disturb public security, harmony, or morality. The printing, sale, distribution, or possession of any banned book is punishable by up to three years imprisonment and/or a fine of 20,000 ringgits.^[10] In 2008, the government banned sixty-two books that touched upon religion. In 2008, customs authorities seized six titles of Christian children's books because the books contain words that—according to Islamic authorities—belong to Islam. The Publications and Al-Quran Texts Control Department contended that "Allah" (God), "Baitullah" (House of God), and "Solat" (prayer) are lawfully used by Muslims only.^[4]

Selected cases

In August 2009, a state court sentenced a Muslim woman to six strokes of the cane and a RM 5,000 ($1,400) fine after she was caught drinking beer in a hotel in the Malaysian state of Pahang.^[11]

In March 2009, Malaysian religious authorities threatened to sue the Malaysian Bar, which represents 12,000 of the country’s lawyers, for using the word “Allah” on the Bar's website.^[12]

In November 2008, the Malaysian National Fatwa Council told Muslims to refrain from doing yoga because is it blasphemous. The condemnation of yoga followed upon the Council's condemnation of females who wear trousers. The Council said that girls who wear trousers are at risk of becoming sexually-active tomboys.^[13]

In 2008, religious authorities were seeking Ayah Pin, the leader of a banned, nonviolent religious group known as the Sky Kingdom, and one of his four wives for supporting "deviant" religious practices. On 3 March 2008, a Sharia Court sentenced Kamariah Ali, 57, who converted from Islam to the banned group, to two years imprisonment for apostasy.^[4]

On February 12, 2008, the Internal Security Ministry issued a directive to the Catholic Church to stop using the word "Allah" in its weekly publication, The Herald .^[4] On 16 February 2009, the Ministry revised its directive to permit the word "Allah" in Christian publications if each publication bore a notice which indicated the publication was not for Muslims.^[14]^[15]

In January 2008, officials from the Ministry of Internal Security seized Christian children's books from several bookshops. The books contained drawings representing Moses and Noah. The officials deemed the drawings "caricatures of prophets," and said the drawings were offensive to Muslim sensibilities. The Malaysian Council of Churches accused ministry officials of overstepping their authority by confiscating literature that was not meant for Muslims. The Ministry returned the books.^[4]

In August 2007, the government of Malaysia suspended for one month the operations of a daily Makkal Osai (in the Tamil language) for violating the Printing Presses and Publications Act 1984. On 21 August 2007, the daily had published a caricature of Jesus Christ clutching a cigarette and a can of beer.^[2]

On 23 January 2006, the National Fatwa Council, Malaysia's highest Islamic authority, banned Muslims from taking part in the activities associated with Black Metal music. Datuk Mustafa Abdul Rahman, the director-general of the Islamic Development Department, told a press conference on 27 January 2006, that Black Metal often led its followers to worship Satan, rebel, kill, and incite hatred. Nevertheless, the government favored counseling rather than a ban upon the musical genre.^[16]

On or about 23 May 2002, a French missionary was arrested on blasphemy charges after distributing a pamphlet about Quranic plagiary. Though he could have been sentenced to two to five years in jail for "acting in a manner which could lead to disharmony between Christians and Muslims," a judge ordered that he be deported.^[10]

In 2000, the Sharia High Court in the state of Kelantan sentenced four persons to three years in prison for disregarding a lower court's order to recant their deviant beliefs and "return to the true teachings of Islam." The High Court rejected the argument that Sharia has no jurisdiction over people who have ceased to be Muslims. In dismissing the appeal, the Court of Appeal ruled (in August 2002) that only the Sharia court has jurisdiction to determine whether a person has ceased to be a Muslim.^[17]

Related Research Articles

Sharia is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.

While freedom of religion is de jure symbolically enshrined in the Malaysian Constitution, it de facto faces many prohibitions and restrictions. A Malay in Malaysia must strictly be a Muslim, and they cannot convert to another religion. Islamic religious practices are determined by official Sharia law, and Muslims can be fined by the state for not fasting or refusing to pray. The country does not consider itself a secular state and that Islam is the state religion of the country, and individuals with no religious affiliation are viewed with hostility.

Islam in Malaysia is represented by the Shafi‘i school of Sunni jurisprudence. Islam was introduced to Malaysia by traders arriving from Persia, Arabia, China and the Indian subcontinent. It became firmly established in the 15th century. In the Constitution of Malaysia, Islam is granted the status of "religion of the Federation" to symbolize its importance to Malaysian society, while defining Malaysia constitutionally as a secular state. Therefore, other religions can be practiced legally, though freedom of religion is still limited in Malaysia.

Apostasy in Islam is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by converting to another religion or abandoning religion, but also blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or creed" of Islam, An apostate from Islam is known as a murtadd (مرتدّ).

The protection of basic human rights is enshrined in Constitution of Malaysia. These include liberty of the person and prohibition of slavery and forced labour. At the national level, legislative measures that exist to prevent human rights violations and abuses can be found in acts and laws on issues that either have a human rights component or relate to certain groups of society whose rights may be at risk of being violated. Human rights groups are generally critical of the Malaysian government and the Royal Malaysia Police. Preventive detention laws such as the Internal Security Act and the Emergency Ordinance 1969 allow for detention without trial or charge and as such are a source of concern for human rights organizations like Suara Rakyat Malaysia.

Iran is a constitutional, Islamic theocracy. Its official religion is the doctrine of the Twelver Jaafari School. Iran's law against blasphemy derives from Sharia. Blasphemers are usually charged with "spreading corruption on earth", or mofsed-e-filarz, which can also be applied to criminal or political crimes. The law against blasphemy complements laws against criticizing the Islamic regime, insulting Islam, and publishing materials that deviate from Islamic standards.

In Islam, blasphemy is impious utterance or action concerning God, but is broader than in normal English usage, including not only the mocking or vilifying of attributes of Islam but denying any of the fundamental beliefs of the religion. Examples include denying that the Quran was divinely revealed, the Prophethood of one of the Islamic prophets, insulting an angel, or maintaining God had a son.

Lina Joy is a Malay convert from Islam to Christianity. Born Azlina Jailani on 28 July 1964 in Malaysia to Muslim parents of Javanese descent, she converted at age 26. The Lina Joy case sparkled a debate about apostasy in Malaysia, and her failed legal attempt to not have her religion listed as "Islam" on her identity card is considered a landmark case in Malaysia.

Islam is the state religion of Malaysia, as per Article 3 of the Constitution. Meanwhile, other religions can be practised by non-Malay citizens of the country. In addition, per Article 160, one must be Muslim to be considered Malay. As of the 2020 Population and Housing Census, 63.5 percent of the population practices Islam; 18.7 percent Buddhism; 9.1 percent Christianity; 6.1 percent Hinduism; and 2.7 percent other religion or gave no information. The remainder is accounted for by other faiths, including Animism, Folk religion, Sikhism, Baháʼí Faith and other belief systems. The states of Sarawak and Penang and the federal territory of Kuala Lumpur have non-Muslim majorities. Numbers of self-described atheists in Malaysia are few as renouncing Islam is prohibited for Muslims in Malaysia. As such, the actual number of atheists or converts in the country is hard to ascertain out of fear from being ostracised or prosecution. The state has come under criticism from human rights organisations for the government's discrimination against atheists, with some cabinet members saying that "the freedom of religion is not the freedom from religion".

A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.

Saudi Arabia's laws are an amalgam of rules from Sharia, royal decrees, royal ordinances, other royal codes and bylaws, fatwas from the Council of Senior Scholars and custom and practice.

Afghanistan uses Sharia as its justification for punishing blasphemy. The punishments are among the harshest in the world. Afghanistan uses its law against blasphemy to persecute religious minorities, apostasy, dissenters, academics, and journalists.

The main blasphemy law in Egypt is Article 98(f) of the Egyptian Penal Code. It penalizes: "whoever exploits and uses the religion in advocating and propagating by talk or in writing, or by any other method, extremist thoughts with the aim of instigating sedition and division or disdaining and contempting any of the heavenly religions or the sects belonging thereto, or prejudicing national unity or social peace."

The People's Democratic Republic of Algeria prohibits blasphemy against Islam by using legislation rather than by using Sharia. The penalty for blasphemy may be years of imprisonment as well as a fine. Every Algerian child has an opportunity to learn what blasphemy is because Islam is a compulsory subject in public schools, which are regulated jointly by the Ministry of Education and the Ministry of Religious Affairs.

The People's Republic of Bangladesh went from being a secular state in 1971 to having Islam as the state religion in 1988. Despite its state religion, Bangladesh uses a secular penal code dating from 1860—the time of the British occupation. The penal code discourages blasphemy by a section that forbids "hurting religious sentiments." Other laws permit the government to confiscate and to ban the publication of blasphemous material. Government officials, police, soldiers, and security forces may have discouraged blasphemy by extrajudicial actions including torture. Schools run by the government have Religious Studies in the curriculum.

Titular Roman Catholic Archbishop of Kuala Lumpur v. Menteri Dalam Negeri was a 2009 legal decision by the High Court of Malaya holding that Christians do not have the constitutional right to use the word "Allah" in church newspapers. An appeals court overturned a previous ruling which granted that right. This verdict on appeal was later upheld by the Federal Court of Malaysia in 2014. However, the ruling was not followed by the High Court in another case in 2021. The government lodged an appeal, but later withdrew it.

Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy, perjury, prostitution, sorcery and witchcraft, theft, and treason.

The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."

Malaysia, a primarily Muslim country located in peninsular and insular regions of Southeast Asia, has a government heavily influenced by Islamic law, which expresses anti-heretical and anti-atheist views. Notably, in 2017, the official Shahidan Kassim faced backlash for threatening to "hunt down" atheists in response to a meeting of members of Atheist Republic.

References

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↑ "Malaysia Favors Counseling Black Metal Followers". IslamOnline.net. 28 January 2006. Archived from the original on 3 December 2008. Retrieved 31 August 2009.
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