Demolition of Hindu temples in Malaysia

Freedom of religion is enshrined in the Malaysian Constitution. First, Article 11 provides that every person has the right to profess and to practice his or her religion and (subject to applicable laws restricting the propagation of other religions to Muslims) to propagate it. Second, the Constitution also provides that Islam is the religion of the country but other religions may be practised in peace and harmony (Article 3).

The status of freedom of religion in Malaysia is a controversial issue. Questions including whether Malaysia is an Islamic state or secular state remains unresolved. In recent times, there has been a number of contentious issues and incidents which has tested the relationship between the different religious groups in Malaysia.

Malaysia has a population of just over 27 million. As of the 2010 Population and Housing Census, 61.3 percent of the population practices Islam; 19.8 percent Buddhism; 9.2 percent Christianity; 6.3 percent Hinduism; and 1.3 percent traditional Chinese religions. The remainder is accounted for by other faiths, including Animism, Folk religion, Sikhism and other belief systems. However, these figures may be misleading as professing the religion of Islam is a requirement for being a Malay in the sense of the Malaysian Constitution. Moreover, Muslims who wish to leave Islam face strong disincentives.

The nation maintains two parallel justice systems in the country (see: Courts of Malaysia). One is the secular justice system based upon laws gazetted by Parliament. The other is sharia (syariah, Islamic law). Ostensibly Syariah Courts only have jurisdiction over persons who declare themselves to be Muslims. Consequently, this results in non-Muslims not having legal standing in Syariah Courts.

Where decisions of the syariah court affect a non-Muslim, he or she can seek recourse in the secular courts which, in theory, overrule the syariah courts as the Syariah courts are limited in their jurisdiction by Article 121 of the Federal constitution. In 2006 a judge ruled that Article 121 limited the federal courts from ruling on matters ruled on by the Syariah court when it touches Islamic matters. This was seen as a misinterpretation of the article by some, and the case is under appeal in the court of appeals.

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Wikipedia