Article 11Freedom of Religion

The Rights in Art.11 (1)

• i. Every person has the right to profess his religion.

• ii. Every person has the right to practise his religion.

• iii. Every person has the right to propagate his religion. However this right is subject to Clause (4).

The General Scope of Religious Rights

• ‘Person’• Art. 12 (3) and (4)

• Comparison between the judgment in• Re Susie Teoh [1986] 2 MLJ 228

• with the judgment in• Teoh Eng Huat v. Kadhi Pasir Mas &

Anor [1990] 2 MLJ 301

The Rights to Profess and Practise Religion

• Zakaria Abdul Rahman • v.

• Ketua Polis Negara Malaysia & Anor • [2001] 6 CLJ 283

The Rights to Profess and Practise Religion

• Zakaria Abdul Rahman v. Ketua Polis Negara Malaysia & Anor [2001] 6 CLJ 283

• Any member of the police force must obtain prior permission from his superior officer before entering into a polygamous marriage. Failure to obtain such a permission amount to a breach of discipline.

• The plaintiff request for permission to enter a second marriage was turned down by his superior officer. However he proceeded to marry the second wife. Later he faced disciplinary charge.

The Rights to Profess and Practise Religion :Zakaria Abdul Rahman

• He argues the practice of polygamous marriage is permissible and it is covered by the right to profess and practice his religion.

• Thus the disciplinary charges against him is unsustainable on the ground that it goes against his right to practise his religious belief.

The Rights to Profess and Practise Religion :Zakaria Abdul Rahman

• Polygamous marriage is merely permissible in Islam. • A muslim is therefore not required as a matter of religious

obligation to take upon more than one wife.

• It is not wrong for the disciplinary authority to require any member of the police force to obtain prior permission from his superior officer before entering into a polygamous marriage.

• Such a condition does not infringe the right to profess and

practise religion.

The Rights to Profess and Practise Religion :

Meor Atiqulrahman

• Meor Atiqulrahman bin Ishak & Ors • v

• Fatimah bte Sihi & Ors • [2000] 5 MLJ 375

• Overuled by

• Fatimah Bte Sihi & Ors • V

• Meor Atiqulrahman bin Ishak & Ors (Minors, Suing Through Syed Ahmad Johari Bin Syed Mohd)

• [2005] 2 MLJ 25

• MEOR ATIQULRAHMAN ISHAK & ORS • v.

• FATIMAH SIHI & ORS

• FEDERAL COURT

• Whether the regulations prohibiting the wearing of "serban" by school pupils violate Article 11(1) of the Federal

Constitution.

• The Federal Court follows the following approach.• • First, there must be a religion.

• Secondly, there must be a practice.

• Thirdly, the practice is a practice of that religion.

• All these having been proved, the court should then consider the importance of the practice in relation to the religion.

• This is where the question whether the practice is an integral part of the religion or not becomes relevant.

• If the practice is of a compulsory nature or "an integral part" of the religion, the court should give more weight to it.

• If it is not, the court, again depending on the degree of its importance, may give a lesser weight to it.

The rights to profess and to practice the religion of Islam: DAUD BIN MAMAT

• DAUD BIN MAMAT & ORS • V

• MAJLIS AGAMA ISLAM & ANOR • [2001] 2 MLJ 390

The rights to profess and to practice the religion of Islam:DAUD BIN MAMAT

• The act of exiting from a religion was certainly not a religion, or could be equated with the right 'to profess and practise' their religion.

• To seriously accept that exiting from a religion may be equated to the latter two interpretations, would stretch the scope of art 11(1) of the Federal Constitution to ridiculous heights, and rebel against the cannon of construction. The plaintiffs' action to resort to that article is surely misdirected and misconceived.

Religious Rights in respect of Finance:Art.11 (2)

• The right of a person not to be required to pay any tax proceeds which is not allocated for his/her religion.

Religious Rights in respect of Finance and Administration:

The Rights in Art. 11(3)

• i. Every religious group has the right to manage its own religious affairs.

• -11 (3)(a)-

• ii. Every religious group has the right to establish and maintain institutions for religious or charitable purposes.

• -11 (3)(b)-

• iii. Every religious group has the right to acquire and own property and hold and administer it in accordance with law.

• -11 (3)(c)-

The Right to Propagate Religion and Its Limitation

• Art. 11 (1) must be read together with art. 11(4)

• Minister of Home Affairs • V

• Jamaluddin • [1989] 1 MLJ 418

General Limitations on Religious Rights

• Art. 11 (5)

• The limitations under this clause apply to all rights in the article.

• Any religious action contrary to any general law relating to public order, public health or morality shall not be lawful.

Limitations on Religious Rights:

Related Cases

• Halimatussadiah v PSC [1994] 3 MLJ 61

• Mamat bin Daud v Govt. of Malaysia [1988] 1 MLJ 119

• AHMAD YANI BIN ISMAIL & ANOR V INSPECTOR GENERAL OF POLICE & ORS [2005] 4 MLJ 636

• Lina Joy lwn Majlis Agama Islam Wilayah Persekutuan dan lain-lain [2007] 4 MLJ 585