Religious Freedom in Malaysia

The legal conflation of Malaysian citizens’ ethnic and religious identities has far-reaching and often negative consequences for religious freedom in Malaysia. Constitutional provisions define ethnic Malays as Sunni Muslims, a designation that leaves all ethnic Malays subject to Sharia law on religious and family matters. A parallel system of secular courts is used by non-Muslims and Muslims who engage the court for issues beyond Sharia jurisdiction. Ethnic Malays seeking to convert from Islam must appeal to the Sharia system, which in many states bans apostasy, and non-Muslims must convert to Islam in order to marry a Muslim citizen. State officials supervise the content of religious sermons and accompany police on raids to enforce religious regulations. Local officials in conservative states like Kelantan consider apostasy a capital offense and enforce public modesty codes, and while the former is rarely acted upon, the latter is often enforced by caning. Although the constitution guarantees religious freedom, state governments and Sharia courts often inhibit the ability of citizens of minority faiths to fully practice their religions. At the national level, religious organizations must register with the Home Ministry in order to operate legally. Religious traditions inconsistent with the state interpretation of Sunni Islam must register as a “company” under the Companies Act. Some 56 other religious sects are noted on a list of “deviant sects,” which the government considers a threat to national security. Adherents of Shi’a Islam, which is high on the aforementioned list, were banned from proselytizing in 2011. Regardless of their religion, federal employees are required to attend classes on Islamic religious education.