Picture Credit: Deva Darshan
Terengganu mufti Sabri Haron controversially suggested that Muslim may enter non-Muslim houses of worship for propagating Islam!
GEORGE TOWN: The dean of Universiti Sains Islam Malaysia’s (USIM) faculty of Syariah and Law, Nik Salida Suhaila Nik Saleh, believes that there was nothing wrong with people visiting each other’s places of worship. "Such interactions promote unity and peaceful co-existence".
However, she cautioned that preaching religion in non-Muslim places of worship risks the multi-religious society in Malaysia. "There may be disharmony."
For Muslim, she explained, the religious principle was clear, "preaching can be done anywhere, any time and to anyone, but with consideration for the proper context, sensitivities, and respect for the rights of other communities".
Last week, Terengganu mufti Sabri Haron controversially suggested that Muslim may enter non-Muslim houses of worship for propagating Islam. He added that visiting non-Muslim religious sites without any justification would go against Islamic law.
Sanctity Of Sacred Places . . .
The mufti’s comments were criticised by an interfaith council of non-Muslim religions, which said his claim could cause feelings of ill-will, disharmony, hatred and enmity among followers of different religions.
The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism also said the preaching by Muslim in non-Muslim houses of worship risks affecting the sanctity of these religious places, which may then escalate and disturb the peace.
Legal Experts . . .
It was improper for Muslim to enter non-Muslim places of worship to preach or proselytise, say legal experts, with one senior lawyer calling for the Federal Constitution to be amended to protect against it.
Lawyer Bastian Pius Vendargon cautioned that while Terengganu mufti Sabri Haron may hold the opinion that Muslim may visit the places of worship of Malaysian of other faiths to propagate Islam, such action may constitute an offence under the Penal Code.
He concedes that although the Constitution guarantees freedom of religion, it also prohibits the propagation of other religions to Muslim.
This should be extended to include preaching to others as well. This should be looked at with a view to preventing the propagation of any religion to persons of another religion against their will or without their consent, he said.
Vendargon said Article 11 of the Federal Constitution, which concerns freedom of religion, will need to be looked at again to accord non-Muslim such protection.
Federal law may be passed, if necessary, to prohibit the kind of action the Terengganu mufti was reported to have advocated, he said.
Peace and harmony . . .
Lawyer C. Vignesh Kumar Chellapah pointed out that Section 298A of the Penal Code makes it an offence to cause disharmony, hatred or enmity on religious grounds. "If found guilty, the law provides for a prison term of between two and five years."
Any act of propagation of any other religion in another religious place or ceremony will surely cause disharmony, hatred, ill will or feelings of enmity on grounds of religion that could potentially invite criminal liability under Section 298A of the Penal Code, said the former deputy public prosecutor.
Vignesh said that while Article 11(4) of the Federal Constitution bars propagation of other religions to Muslim, Article 11(5) clearly prohibits acts that are contrary to any general law relating to public order or morality.
I don’t think it is necessary (to amend the Federal Constitution) as the current legal framework was sufficient to ensure that peace and harmony in this nation was not disrupted on religious grounds, he said.
Vignesh said the Federal Constitution must be interpreted broadly and given the utmost respect, taking into consideration the structure of the nation itself.
He said that while Article 3(1) of the Federal Constitution makes Islam the religion of the federation, other religions may be practised in peace and harmony.
The most important words here are "peace and harmony".
It simply means that all other religions must be allowed to coexist with Islam in "peace and harmony", said Vignesh. "Any act which can be construed as causing any hostility or provocation cannot be in accordance with the Federal Constitution. Stakeholders involved in religious matters should definitely promote peace and harmony, which the Federal Constitution implores for the sake of the rakyat."
Don’t intrude into sacred spaces . . .
Constitutional law expert Philip Koh said that people’s desire to proselytise or share their beliefs must take into account the need to preserve harmony and respect between all Malaysians.
Koh also said concerns about legalities surrounding Muslims entering non-Muslim houses of worship to propagate Islam must be tempered with the understanding that the affected communities may take issue with intrusions into their sacred spaces.
This view applies across all faiths. Regardless of any assertion of legal rights or religious obligations to proselytise, the unity and harmony of the wider community need to be prioritised, said the adjunct professor at Universiti Malaya.
Carolyn K remains, among others, independent researcher.
She's member of the Center for Policy Initiatives (CPI) Council and Managing Editor for the CPI website.
DISCLAIMER: The views expressed by the author/contributor do not necessarily represent those of the Center for Policy Initiatives (CPI).
This Article first appeared here . . .
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