Is Islam an Inferior Religion in Malaysia?

There are 3 critically relevant issues the Supreme Court of Malaysia ought to have considered and given weight to in light of the background and history of this matter which it paid scant regard to.
The critically relevant issues the court ought to have properly considered at the very least in arriving at their decision are:
a) Is conversion to Islam or any other religion an offence or cause sufficient to trigger constitutional review
b) Does conversion to Islam or any other religion come within the definition of freedom of religion and worship as is provided for in the federal constitution; and if so
i) What is the status of Islam and what does the practice and administration of Islam constitute in Malaysia?
ii) What is the role of the Syariah courts in the context of Islam in Malaysia (Federal or state)- can it be isolated from the practice of Islam and be subjected as Islam is to a secular bureaucracy?
iii) Is the Syariah court an integral part of Islam as practiced in Malaysia or is it a mere administrative functionary alienated from Islam because it must be subjected to a non Islamic administrative complex
iv) What is conversion in the Islamic context- an administrative process and ritual or a declaration of faith (certification)- can a technical administrative failure to complete the process of conversion be cured by the court perfecting the error
c) The issue of consent within marriage where children are concerned; and
i) Whether consent by both parents is necessary in every situation ( given the freedom of religion provisions in the federal constitutional)
ii) Whether consent ( in the absence of forced conversions) is a (constitutional) issue whether given or refused by one parent or both; and
iii) Whether the choice of jurisdiction giving an advantage to a Muslim in Syariah courts is any different (and should be denied) to the perception (and statistical fact) that resort to the civil courts advantages the mother in most family law cases in civil secular (Christian) courts.
The fact that Syariah courts are relegated to state courts (inferior) courts does not override the fact that the majority of Malaysians are Muslims and that the King is defender and guardian of the faith of Islam and that’s as Federal as his tenure and reign covers in the Federation.
The fact that the jurisdiction of Syariah is relegated to states only does not render a decision of the Syariah Court invalid sufficient for the High Court of the state to nullify it or ignore it.
The issue before the High Court should have been the subject of a separate question being referred to the Federal Court for adjudication. It was not.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: