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Position Of Islam In The Constitution - Coggle Diagram
Position Of Islam In The Constitution
Historical Background
Impact of British
islamic law only applicable to personal matters only
strait settlements
Re Goods of Abdullah
Malay states
Ramah v Laton
law of the land
The white paper
Islam is the religion of the federation
Retain the position of Federal as secular state
Everyone have the right to practice their own religion and propagate his religion subject to restriction
Islam in Federal Constitution
Article 3(1): '' Islam is the religion of the Federation;but other religions may practised in peace and harmony in any part of the Federation
non secular state
Religious pluralism
analysis of article 3
Che Omar Che Soh v PP
Islam/Islamic Religion: relate to ritual and ceremonies
During British Colonial period,narrow confinement of the law of marriage ,divorce and inheritance
Restrictive Meaning
Interpretation of Article 3
Prof Dr Abdul Aziz Bari
The provision has desecularised the state though it cannot be said as a full-fledged Islamic state either
Mohammed Imam
It imposes an obligation on the country to preserve and promote Islam
Former Lord President,Tun Salleh Abbas
The country has the liberty,power and privilege to establish an Islamic institution or provides or assist in providing institution in Islam and to incur necessary expenditure for that purpose
Prof Shad Salim Faruqi
Declaring Islam as the religion of the Federation for the purpose Islam as religious, moral, social and the force allowing the state to promote Islam. Educating way of life for the uplifting of the Muslim, permitting tax payer money for the purpose of promoting Islam
Prof Andrew Harding
The implicatio of Article 3 pf FC is to recognise Islam of having the superior status of Islam over other religion in the country.By having article 3, Federation as an entity, professes Islam and must discharge the religious obligation.
Implication of Art 3
Art 12(2)
Art 121(1A)
Lina Joy v MAIWP& ORS
wanted to renounce islam and marry a christian
rejected by NRD
They argued that the act is contrary to art 11
appeal dismissed
if muslim intends to renounce Islam, he is exercising his rights in the syariah law which has its own jurisprudence relating apostasy.
Art 11(4)
Item 1,List II, Ninth schedule
Sulaiman Takrib v Kerajaan Negeri Terengganu
charged with offences under ss10 and 14 Syariah Crimnal Offences Terengganu
held: Fatwa only prepare the fatwa and the States Legislative Assembly will the determine whether to make it binding or not.
Art 150(6A)
Art 160
Fourt schedule,Part 1
state constitution
Derogative effect in article 3(4)
to retain Malaysia as secular country
Limitation of Article 3
Art 11(4)
Meor AtiqulRahman Ishak & ors v Fatimah Sihi & ors
students were dismissed from school for wearing turban
High court: according to Art 11(1), everyone has the right to practised their religion
Hajah Halimatussaadiah Haji Kamaruddin v Public Services Commission ,Malaysia & ANOR
wearing the purdah cannot be recognize, wearing turban can be recognized
Court of Appeal
wearing a turban does not rank the same level as "sunat prayers"
they are not prevented to wear the turban at other times.
the court reversed HC decision.
Muhammad Juzaili Mohd Khamis & ors v State Government of Negeri Sembilan & ors
Gender identity Disorder
dressed as a woman
challenged s66 of Shariah Criminal Enactment for its inconsistency
High court: Dismissed as they disregarded the virtue that they were born male and muslim
overturned by court of appeal
COA declare s66 is unconstitutional as it iterfered with the right of people to live
Federal court reversed the decision of COA as the party failed to get the leave from Federal Court to challenge the inconsistency of the law.
Item 1,List II, Ninth Schedule
Islam as religion of Federation and state matters
Iki Putra Mubarak v the Selangor State Government and the Selanogr Islamic Religious Council
charged for attempting to commit sexual intercourse against the order of nature with certain male persons
argued that Selangor State Legislature contravened with Art 74
power to enact criminal offences lies on the parliament
Selangor Criminal Offences is unconstitutional
Art 11(5)