Skip to content
TERESAKOK
Menu
  • About
  • Contact
Menu

Putrajaya: Freedom of religion does not equal freedom from religion

Posted on Friday, 24-11-2017 by -ec-

KUALA LUMPUR, Nov 23 ― A deputy minister today claimed that atheism is a “very dangerous” ideology that goes against not only the Rukunegara that prescribes “believe in God” as one of the tenets, but also the Federal Constitution.

Deputy Minister in the Prime Minister’s Department Datuk Asyraf Wajdi Dusuki alleged that the freedom of religion in the Constitution which guarantees the freedom to worship does not include the freedom to not believe.

“We have to understand that in the Malaysian context, our Federal Constitution states that the freedom of religion does not mean freedom from any religion because that is unconstitutional.

“This means we cannot incite someone to leave a religion or promote not having a religion. We cannot order or promote a belief of not having a religion, that is against the Federal Constitution,” he said.

The deputy minister in charge of Islamic affairs also said that any individual who practices and spreads atheism can be punished for going against the Constitution.

The senator said atheism can be punished under both Shariah and civil laws.

Despite his claim, Article 3(1) of the Federal Constitution only states that “Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation.”

Meanwhile, Article 11(1) states that “Every person has the right to profess and practise his religion and propagate it”, subject to clause Article 11(4) that prohibits the propagation to Muslims.

Aysraf said a variety of laws including the Sedition Act can also be used against those who spread the ideology.

“For non-Muslims, as we are informed it goes against the laws relating to public order and peace.

“We also have the Sedition Act for any parties that try to spread ideologies and doctrines like atheism which disrupts the sanctity of other religions,” he said.

Asyraf’s remark was in reply to Parti Amanah Negara’s Kota Raja MP Dr Siti Mariah Mahmud who asked about the steps taken by Putrajaya to curb the spread of atheism among Malaysians, such as the Atheist Republic group that went under media spotlight in August this year.

Asyraf had earlier replied by saying that Putrajaya with the Malaysian Communications and Multimedia Commission had worked together to lodge reports to Facebook against atheists on the social media page.

However, their demands were ignored by Facebook who said the accounts did not contravene any of its rules and regulations.

Last year, Malaysia was rated as “grave violators” of the rights and treatment of the non-religious in the Freedom of Thought Report by the International Humanist and Ethical Union.

The report highlighted that it is illegal to advocate secularism or church-state separation in Malaysia, or such advocacy is suppressed; while identifying as an atheist or non-religious is either illegal or unrecognised.
Read more at http://www.themalaymailonline.com/malaysia/article/putrajaya-freedom-of-religion-does-not-equal-freedom-from-religion#RDY22P8D0ugCfMgd.99

2 thoughts on “Putrajaya: Freedom of religion does not equal freedom from religion”

  1. Hakimi bin Abdul Jabar says:
    Friday, 24-11-2017 at 20: 55.40

    http://www.freemalaysiatoday.com/category/nation/2017/11/24/atheism-is-not-unconstitutional-legal-minds-tell-deputy-minister/
    I had just read Siti Kasim’s facebook posting on her timeline & Tommy Thomas’ incisive article in the INSAF Journal (2004) XXXIII No 2 at page 15.

    Freedom of religion is a fundamental right under the Federal Constitution. Article 11 clause (1) gives constitutional protection to an individual’s right to profess, practise and propagate his religion.

    The Supreme Court decision in Dewan Undangan Negeri Kelantan v Nordin Salleh [1992] 1 MLJ 697 [SC] at page 709 C had clearly adjudicated that “freedom of association” in Article 10 (1) (c) also includes the freedom not to join an association. Thus, in light of the Supreme Court decision, the freedom of religion pursuant to Art. 11 cl. (1) must certainly include the freedom not to profess, practise and propagate any religion.

    Furthermore, as lucidly propounded by an old lecturer of mine, Dr. Shad Faruqi in the Diplomat Magazine – Let’s not give too much legal importance to it,” said Dr. Shad Saleem Faruqi, professor of law at the University of Malaya. “Our criminal law does not forbid atheism nor does it criminalize it,” said Faruqi.
    https://thediplomat.com/2017/08/intolerance-rising-atheists-at-risk-in-malaysia/

    My legal opinion is soundly supported by the reasoning of a learned and honourably retired Federal Court Justice & fellow practising lawyer :
    http://www.freemalaysiatoday.com/category/nation/2017/11/24/atheism-is-not-unconstitutional-legal-minds-tell-deputy-minister/

    In fact, atheists & free thinkers are entitled to the equal protection of the law pursuant to Article 8 clause (1) of the same. The constitutional supremacy clause in Art 4 cl (1) ensures the application & protection of the former.

  2. Hakimi bin Abdul Jabar says:
    Monday, 27-11-2017 at 09: 30.40

    As a practising lawyer who’s a member of both the Malaysian & KL Bars, I’d noticed that the continuous declaration of the hunt & war on atheists in Malaysia as reported by David Hutt in the Diplomat Magazine in August 2017 this year is reminiscent of Al-Qaeda’s Declaration of Hunt & War upon Atheists including targeting judges, lawyers, engineers and doctors “who don’t allow others to follow the rulings of the Islamic Shariah” as reported by CNN in April 2016, last year :

    https://thediplomat.com/2017/08/beware-the-war-against-aseans-atheists/

    http://edition.cnn.com/2016/04/09/asia/bangladesh-al-qaeda-atheists/index.html

Comments are closed.

About

Teresa Kok

About Teresa

Teresa Kok (郭素沁) is Seputeh's MP and DAP Vice-chairman. Born and bred in Kuala Lumpur, Teresa is a second-generation Malaysian of Chinese descent. n the 2008-2013 term she was Selangor Senior State Executive Councillor for Investment, Industry and Trade and State Assemblyperson for Kinrara.

Learn More

Recent Articles

  • 郭素沁呼吁反贪会调查前经济部长助理蔡镇燊的方式 应避免陷“舆论公审”
  • MACC is urged to restore public confidence and review its manner of investigating James Chai
  • Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) digesa memulihkan keyakinan awam dan menilai semula cara siasatan terhadap James Chai Jin Shern
  • Parlimen: Soalan kepada Menteri Pembangunan Wanita, Keluarga dan Masyarakat berkenaan statistik perkahwinan kanak-kanak di bawah umur 18 tahun bagi 2023,2024 dan 2025
  • Parlimen: Soalan kepada Menteri Sumber Asli dan Kelestarian Alam berkenaan jumlah pendaftaran yang diterima oleh Lembaga Jurukur Tanah
  • Parlimen: Soalan kepada Menteri Pembangunan Wanita, Keluarga dan Masyarakat berkenaan rumah perlindungan bagi mangsa keganasan rumah tangga
  • Ucapan Kamar Khas: Apakah Respons dan Halatuju Jawatankuasa Kerja Tanah Wilayah Persekutuan Kuala Lumpur Terhadap Syor PAC Terhadap Pemberimilikan Tanah Kerajaan di Kuala Lumpur (2 Mac 2026)
  • Ucapan Teresa Kok (Seputeh) Dalam Perbahasan Penyata Jawatankuasa Pilihan Kesihatan: Pemantapan Dasar Pemakanan dan Intervensi Nutrisi di Malaysia Pada 25 Februari 2026
  • Kes Pecah Kereta di Taman Persekutuan Bukit Kiara
  • “Gema 1MDB: Satu Lagi Pasukan Petugas yang Ditakdirkan untuk Gagal?” (14 Feb 2026)
  • “Echoes of 1MDB: Another Task Force Destined to Fail?” (14 Feb 2026)
  • 郭素沁:嘉玛若再违庭令,将采取法律行动
  • [Media Statement] Response to Recent Remarks by Datuk Jamal Yunos
  • [Kenyataan Media] Respons terhadap Kenyataan Terkini Datuk Jamal Yunos
  • [PARLIMEN] Adakah Kementerian akan menyemak dan menghapuskan keperluan kelulusan suami bukan warganegara dalam permohonan kewarganegaraan anak-anak di bawah Perkara 15(2) Perlembagaan Persekutuan demi memastikan ibu Malaysia mempunyai hak yang sama untuk memohon kewarganegaraan bagi anak yang dilahir di luar negara.

Article Archives

© 2026 TERESAKOK | Powered by Minimalist Blog WordPress Theme