Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil

My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have...

Full description

Bibliographic Details
Main Author:	Mohamed Adil, Mohamed Azam
Format:	Article
Language:	English
Published:	UPENA 2005
Subjects:	Conflict of laws Constitutional law Apostasy (Islamic law)
Online Access:	http://ir.uitm.edu.my/id/eprint/11531/ http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf

id	uitm-11531
recordtype	eprints
spelling	uitm-115312016-08-17T09:18:51Z http://ir.uitm.edu.my/id/eprint/11531/ Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil Mohamed Adil, Mohamed Azam Conflict of laws Constitutional law Apostasy (Islamic law) My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law. UPENA 2005 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf Mohamed Adil, Mohamed Azam (2005) Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil. Jurnal CITU, 1 (2). pp. 177-199. ISSN 1823-6146
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Conflict of laws Constitutional law Apostasy (Islamic law)
spellingShingle	Conflict of laws Constitutional law Apostasy (Islamic law) Mohamed Adil, Mohamed Azam Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
description	My article is concerned with the conflict in laws between freedom of religion and law of apostasy within the broader Malaysian constitutional framework. The issue is controversial because, while freedom of religion is guaranteed in the Malaysian Constitution, some respective states in Malaysia have treated Muslims who intend to leave the Islamic faith as criminals. Even though there is no death penalty for apostasy in Malaysia, apostates shall be detained, fined or punishable with imprisonment up to three years. Such punishments seem contrary to the provision of Article 11(1) of the Federal Constitution which guarantees the right of freedom of religion. It also deprived individual liberty as provided in Article 5(1) of the Federal Constitution. Moreover, these punishments also seem contrary to Article 4(1) of the Federal Constitution that maintains the supremacy of the Constitution, and Article 75 that upholds the Federal law powers in the event where State law is inconsistent with the Federal law.
format	Article
author	Mohamed Adil, Mohamed Azam
author_facet	Mohamed Adil, Mohamed Azam
author_sort	Mohamed Adil, Mohamed Azam
title	Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_short	Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_full	Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_fullStr	Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_full_unstemmed	Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil
title_sort	punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in malaysia / mohamed azam mohamed adil
publisher	UPENA
publishDate	2005
url	http://ir.uitm.edu.my/id/eprint/11531/ http://ir.uitm.edu.my/id/eprint/11531/1/AJ_MOHAMED%20AZAM%20MOHAMED%20ADIL%20CITU%2005%201.pdf
first_indexed	2023-09-18T22:48:07Z
last_indexed	2023-09-18T22:48:07Z
_version_	1777417361472618496

Punishment for apostasy : conflict between the right to freedom of religion and criminal sentence, a case study in Malaysia / Mohamed Azam Mohamed Adil

Similar Items