The Right to Freedom of Religion and Jurisdictional Conflicts in Malaysia

Abstract

In Malaysia, the Federal Constitution provides significant legal protections for religious freedom. Article 11 guarantees the right to practice and propagate one's religious beliefs freely, except for restrictions on propagation concerning Muslims under federal law. Furthermore, Islam holds a unique position in the country, according to Article 3 (1). The Malaysian legal system consists of two court systems, the Syariah courts and civil courts. While the Syariah courts serve as an essential institution for Muslims and maintain the Islamic identity of the nation, issues of jurisdiction can arise, particularly in interfaith cases. This study explores Malaysia's Universal Periodic Review of religious freedom and analyses jurisdictional conflicts through interviews with national law experts. After carefully considering Malaysia's unique historical and socioeconomic context, it is concluded that upholding the Federal Constitution is of utmost importance and implementing UPR recommendations should be separate from it.