Apex Court Ruling On Unilateral Conversions Crucial For Religious Freedom

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The recent Federal Court decision rejecting the Perlis state government’s petition to legitimise the unilateral conversion of three children to Islam without the consent of their Hindu mother is a landmark ruling that deserves strong and unequivocal praise.
On April 9, the Federal Court rightly reaffirmed that such conversions, carried out without the consent of both parents, are unconstitutional. This judgment upholds not only the supremacy of the Federal Constitution but also the fundamental rights of parents and children in matters of religion.
On the Federal Court decision, I reflect on the words of former Court of Appeal judge Hishamudin Yunus, who said in an interview:
“I am of the view that in such a situation, Muslim judges must not abdicate their judicial responsibility to hear the case and to uphold the Federal Constitution, as on the day of appointment, they took an oath to uphold the Federal Constitution and not Islamic law”.
The government’s extensive interference in personal beliefs and freedom of choice has not only seen it squander valuable time, money and effort, but has also generated significant negative publicity.
Consequently, many young people have become disillusioned and are distancing themselves from religion, as they perceive a growing divergence between the practice of religion and the authentic teachings of Islam.
On March 19, 2015, in Kelantan, the heartland of Malaysia’s Muslim community, the state assembly unanimously amended the 1993 Syariah Criminal Code, paving the way for the implementation of various hudud punishments. However, the introduction of these hudud laws has not compelled Muslims to strictly adhere to religious teachings.
According to news reports, Kelantan has the highest rate of drug abuse in Malaysia, with 1,130 cases per 100,000 residents, based on data provided by the National Anti-Drug Agency.
Among ethnic groups, Malays have the highest number of drug users at 145,877, followed by Indians (14,935), Chinese (14,861), indigenous people of Sabah (9,322), indigenous people of Sarawak (5,530), and others (2,332).
Kelantan police also said they are concerned about rising cases of underage sex, some of which involve girls as young as 10 years old. A news report quoted Kelantan police chief Yusoff Mamat as saying that girls as young as 10 and boys as young as 11 had been found engaging in sexual relationships, with several cases resulting in pregnancies.
Corruption also remains a pervasive societal ill, with many political leaders implicated in its practice. The most high-profile case is that of former prime minister Najib Razak, who is now serving time behind bars. The fight against corruption is increasingly challenging as its influence has permeated all levels of society.
When leaders fail to uphold ethical standards, it sends a dangerous message that if someone at the highest level can engage in corruption, then minor offences like traffic policemen accepting bribes are somehow acceptable.
Religious institutions with substantial resources, such as the Islamic development department (Jakim) and the religious affairs ministry have not succeeded in curbing what many see as a moral decline in Islamic society.
A significant contributing factor is the education system, which tends to emphasise the outward aspects of being Muslim, focusing on dress codes and external behaviour, rather than instilling a deeper understanding of faith and its teachings.
Additionally, the pervasive corruption among officials has further eroded the faith of many young people, leading to a hardened and disillusioned view of religion.
This court ruling on religious conversions represents a crucial advancement for religious freedom and constitutional integrity.
The Borneo states of Sabah and Sarawak have closely followed this case, as their founding leaders prioritised safeguarding religious freedom during Malaysia’s formation.
By endorsing Islam as the official religion, these Borneo founding fathers embraced the Quranic principle that there is no compulsion in religion. Moreover, the East Malaysian community has long envisioned Malaysia as a secular state that respects Islam as its official religion while upholding individual freedoms and pluralism.
The people of Sabah and Sarawak are increasingly wary of Islamic fundamentalists who exploit religion for political gain. There is a genuine concern that this trend could spread to the Borneo states, potentially undermining the longstanding religious harmony and high level of tolerance that native communities have traditionally maintained.
It is interesting to read the religious advisory on freedom of religion and apostasy in Islam by the Islamic Religious Council of Singapore issued on Sept 11, 2021 from the Office of the Mufti Singapore.
The Council website states Islam establishes freedom of religion as a right for every individual. This is based on the following Quranic principles:
“Let there be no compulsion in religion.” (Al-Baqarah, verse 256). In light of the Islamic principles and juristic views on the matter, the Office of the Mufti wishes to emphasise that freedom of religion is the general rule in the Quran and a fundamental principle in Islam.
“The treatment of apostasy as a crime punishable by death came about later during the period where Islam gained political ascendancy and was not a general ruling for all apostates. The sin of leaving the religion is purely between the individual and his Lord, and hence capital punishments do not apply in a situation where treason or rebellion does not exist. - FMT
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.

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